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 5/11/2026. The objections to the claims have been withdrawn. The 35 USC 112 rejections are partially withdrawn. Claims 1, 3-5, 8-18 remain pending for consideration on the merits.
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,
In claim 1, “the cooling system comprising a refrigeration unit with a compressor disposed within a single integrated housing that is structurally independent from and external to the portable cooler, wherein the refrigeration unit is configured to generate cooled air via a vapor-compression refrigeration cycle, the cooling system operative for actively cooling the portable cooler by delivering cooled air into the insulated chamber through a direct docking connection formed at a side wall of the portable cooler”, “a support surface of the cooling system”, “a closure valve member disposed within the first opening and biased by a spring element to a closed position that seals the first opening when the portable cooler is detached from the cooling system”;
In claim 3, “a second opening spaced apart from the first opening, wherein the cooling system further comprises a second male coupling extension projecting from the cooling system and sized to be received into the second opening, wherein a second closure valve member is disposed within the second opening and biased to a closed position, wherein the first opening and the first male coupling extension function as an air supply inlet delivering cooled air into the insulated chamber and the second opening and the second male coupling extension function as an air return outlet returning warmed air from the insulated chamber back to the cooling system, thereby forming a bi-directional closed-loop air circulation path through the insulated chamber”;
In claim 8, “the cooling system comprises a self-contained refrigeration circuit entirely housed within the single integrated housing of the cooling system and physically isolated from the portable cooler, the refrigeration circuit comprising a sealed refrigerant circulation path interconnecting the compressor, a condenser, and an evaporator, wherein the cooling system further comprises an evaporator fan that circulates air across the evaporator to generate the cooled air and a supply fan that delivers the cooled air from the evaporator through the first male coupling extension and into the insulated chamber of the portable cooler”;
In claim 9, “a mechanical latching mechanism comprising cooperating latch elements on the cooling system and the portable cooler”;
In claim 11, “other mechanical engagement elements for engaging a shell the outer shell of the portable cooler to functionally hold the portable cooler securely relative to the cooling system during active cooling in the docked configuration”;
In claim 13, “each of the first closure valve member and the second closure valve member comprises: (i) a valve plate having a sealing surface that engages an inner rim of the respective opening to seal the opening in the closed position; (ii) a helical spring or leaf spring disposed behind the valve plate and compressed between the valve plate and an interior wall of the portable cooler, the spring biasing the valve plate toward the closed position; and(iii) a valve stem or push surface on the valve plate that is contacted and displaced by the respective male coupling extension during docking, wherein the male coupling extension compresses the spring and moves the valve plate inwardly away from the inner rim to create the open position allowing air flow through the opening, and wherein the valve plate automatically returns to seal against the inner rim under spring force when the portable cooler is removed from the cooling system”;
In claim 14, “the portable cooler comprises: (i) an inlet air distribution passage disposed along an interior surface of a top wall or a rear wall of the insulated chamber, the inlet air distribution passage in fluid communication with the first opening and comprising a plurality of air outlet apertures distributed along a length of the inlet air distribution passage for uniformly distributing cooled air downward or forward through the insulated chamber; (ii) an outlet air collection passage disposed along an interior surface of a bottom wall or the rear wall of the insulated chamber, the outlet air collection passage comprising a plurality of air inlet apertures for collecting return air from the insulated chamber; and (iii) a return opening formed in the side wall of the portable cooler and in fluid communication with the outlet air collection passage for returning the collected air to the cooling system, wherein the inlet air distribution passage and the outlet air collection passage are spatially separated to promote vertical or horizontal circulation of cooled air through an interior volume of the insulated chamber surrounding the stored food items or beverages”;
In claim 15, “(i) the support surface forms an upper support surface of the cooling system, and comprises at least one upwardly-projecting alignment rib or guide post having a tapered upper portion;”
In claim 16, “(i) the cooling system comprises at least one temperature sensor disposed to measure air temperature within or adjacent to the insulated chamber of the portable cooler when docked; (ii) the cooling system comprises a controller with a processor and memory in communication with the at least one temperature sensor and with the compressor of the refrigeration unit”;
In claim 18, “a mobile cart housing containing the refrigeration unit, the mobile cart housing comprising: (i) a plurality of wheels or casters mounted to a bottom surface of the mobile cart housing for rolling transport of the cooling system; (ii) a handle attached to the mobile cart housing for maneuvering the cooling system; (iii) an integrated electrical power supply comprising a battery or an AC/DC power adapter for operating the refrigeration unit independently of external fixed power connections; and (iv) the support surface comprising a support platform that is movable between a raised position for compact transport of the cooling system and a lowered position for receiving and supporting the portable cooler during docking”.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The amendments to the claims are not found in the specification.
In claim 1, “the cooling system comprising a refrigeration unit with a compressor disposed within a single integrated housing that is structurally independent from and external to the portable cooler, wherein the refrigeration unit is configured to generate cooled air via a vapor-compression refrigeration cycle, the cooling system operative for actively cooling the portable cooler by delivering cooled air into the insulated chamber through a direct docking connection formed at a side wall of the portable cooler”, “a support surface of the cooling system”, “a closure valve member disposed within the first opening and biased by a spring element to a closed position that seals the first opening when the portable cooler is detached from the cooling system”;
In claim 3, “a second opening spaced apart from the first opening, wherein the cooling system further comprises a second male coupling extension projecting from the cooling system and sized to be received into the second opening, wherein a second closure valve member is disposed within the second opening and biased to a closed position, wherein the first opening and the first male coupling extension function as an air supply inlet delivering cooled air into the insulated chamber and the second opening and the second male coupling extension function as an air return outlet returning warmed air from the insulated chamber back to the cooling system, thereby forming a bi-directional closed-loop air circulation path through the insulated chamber”;
In claim 8, “the cooling system comprises a self-contained refrigeration circuit entirely housed within the single integrated housing of the cooling system and physically isolated from the portable cooler, the refrigeration circuit comprising a sealed refrigerant circulation path interconnecting the compressor, a condenser, and an evaporator, wherein the cooling system further comprises an evaporator fan that circulates air across the evaporator to generate the cooled air and a supply fan that delivers the cooled air from the evaporator through the first male coupling extension and into the insulated chamber of the portable cooler”;
In claim 9, “a mechanical latching mechanism comprising cooperating latch elements on the cooling system and the portable cooler”;
In claim 11, “other mechanical engagement elements for engaging a shell the outer shell of the portable cooler to functionally hold the portable cooler securely relative to the cooling system during active cooling in the docked configuration”;
In claim 13, “each of the first closure valve member and the second closure valve member comprises: (i) a valve plate having a sealing surface that engages an inner rim of the respective opening to seal the opening in the closed position; (ii) a helical spring or leaf spring disposed behind the valve plate and compressed between the valve plate and an interior wall of the portable cooler, the spring biasing the valve plate toward the closed position; and(iii) a valve stem or push surface on the valve plate that is contacted and displaced by the respective male coupling extension during docking, wherein the male coupling extension compresses the spring and moves the valve plate inwardly away from the inner rim to create the open position allowing air flow through the opening, and wherein the valve plate automatically returns to seal against the inner rim under spring force when the portable cooler is removed from the cooling system”;
In claim 14, “the portable cooler comprises: (i) an inlet air distribution passage disposed along an interior surface of a top wall or a rear wall of the insulated chamber, the inlet air distribution passage in fluid communication with the first opening and comprising a plurality of air outlet apertures distributed along a length of the inlet air distribution passage for uniformly distributing cooled air downward or forward through the insulated chamber; (ii) an outlet air collection passage disposed along an interior surface of a bottom wall or the rear wall of the insulated chamber, the outlet air collection passage comprising a plurality of air inlet apertures for collecting return air from the insulated chamber; and (iii) a return opening formed in the side wall of the portable cooler and in fluid communication with the outlet air collection passage for returning the collected air to the cooling system, wherein the inlet air distribution passage and the outlet air collection passage are spatially separated to promote vertical or horizontal circulation of cooled air through an interior volume of the insulated chamber surrounding the stored food items or beverages”;
In claim 15, “(i) the support surface forms an upper support surface of the cooling system, and comprises at least one upwardly-projecting alignment rib or guide post having a tapered upper portion;”
In claim 16, “(i) the cooling system comprises at least one temperature sensor disposed to measure air temperature within or adjacent to the insulated chamber of the portable cooler when docked; (ii) the cooling system comprises a controller with a processor and memory in communication with the at least one temperature sensor and with the compressor of the refrigeration unit; and (iii) the controller is programmed to receive temperature data from the at least one temperature sensor and to control operation of the compressor based on the temperature data to maintain the insulated chamber within a user-set target temperature range, wherein the controller adjusts compressor speed or cycles the compressor on and off to achieve the user-set target temperature range”;
In claim 18, “a mobile cart housing containing the refrigeration unit, the mobile cart housing comprising: (i) a plurality of wheels or casters mounted to a bottom surface of the mobile cart housing for rolling transport of the cooling system; (ii) a handle attached to the mobile cart housing for maneuvering the cooling system; (iii) an integrated electrical power supply comprising a battery or an AC/DC power adapter for operating the refrigeration unit independently of external fixed power connections; and (iv) the support surface comprising a support platform that is movable between a raised position for compact transport of the cooling system and a lowered position for receiving and supporting the portable cooler during docking”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “other mechanical engagement elements” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-5, 8-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, applicant has added the limitation “the cooling system comprising a refrigeration unit with a compressor disposed within a single integrated housing that is structurally independent from and external to the portable cooler, wherein the refrigeration unit is configured to generate cooled air via a vapor-compression refrigeration cycle, the cooling system operative for actively cooling the portable cooler by delivering cooled air into the insulated chamber through a direct docking connection formed at a side wall of the portable cooler”, “a support surface of the cooling system”, “a closure valve member disposed within the first opening and biased by a spring element to a closed position that seals the first opening when the portable cooler is detached from the cooling system”. Paragraph 0027 describes the cooling system 14 conventionally includes an evaporator for generating a source of cooling air and a fan for distributing the source of cooling air to the cooling compartment 16 of the cooler 12 and paragraph 0028 describes the plug member 28 may be caught and held open by a set of magnets 32 or other suitable mechanism. When the cooler 12 is removed from the cooling system 14 (i.e., undocked from the cooling system 14, the plug member 28 may move back to the closed or insulating position under the force of a spring or by another other mechanism well known in the art. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 3, applicant has added the limitation “a second opening spaced apart from the first opening, wherein the cooling system further comprises a second male coupling extension projecting from the cooling system and sized to be received into the second opening, wherein a second closure valve member is disposed within the second opening and biased to a closed position, wherein the first opening and the first male coupling extension function as an air supply inlet delivering cooled air into the insulated chamber and the second opening and the second male coupling extension function as an air return outlet returning warmed air from the insulated chamber back to the cooling system, thereby forming a bi-directional closed-loop air circulation path through the insulated chamber”. Paragraph 0026 describes the first side wall 24 defines an opening 26 for receiving a portion of the cooling system 14. The opening 26 in the first side wall 24 may be rectangular (as shown) or of any other suitable shape to interface with the cooling system 14. In certain applications, multiple openings may be provided. When the cooler 12 is not coupled with the cooling system 14, the opening 26 in the first side wall 24 is closed by a plug member 28 (as shown in FIGS. 3 and 5A, for example). There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 8, applicant has added the limitation “the cooling system comprises a self-contained refrigeration circuit entirely housed within the single integrated housing of the cooling system and physically isolated from the portable cooler, the refrigeration circuit comprising a sealed refrigerant circulation path interconnecting the compressor, a condenser, and an evaporator, wherein the cooling system further comprises an evaporator fan that circulates air across the evaporator to generate the cooled air and a supply fan that delivers the cooled air from the evaporator through the first male coupling extension and into the insulated chamber of the portable cooler”. Paragraph 0027 describes the cooling system 14 conventionally includes an evaporator for generating a source of cooling air and a fan for distributing the source of cooling air to the cooling compartment 16 of the cooler 12. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 9, applicant has added the limitation “a mechanical latching mechanism comprising cooperating latch elements on the cooling system and the portable cooler”. Paragraph 0029 describes the cooling system 14 may include one or more magnets 36 for engaging the shell 18 of the cooler 12 to functionally hold the cooler 12 relative to the cooling system 14. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 11, applicant has added the limitation “other mechanical engagement elements for engaging a shell the outer shell of the portable cooler to functionally hold the portable cooler securely relative to the cooling system during active cooling in the docked configuration”. Paragraph 0029 describes the cooling system 14 may include one or more magnets 36 for engaging the shell 18 of the cooler 12 to functionally hold the cooler 12 relative to the cooling system 14. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 13, applicant has added the limitation “each of the first closure valve member and the second closure valve member comprises: (i) a valve plate having a sealing surface that engages an inner rim of the respective opening to seal the opening in the closed position; (ii) a helical spring or leaf spring disposed behind the valve plate and compressed between the valve plate and an interior wall of the portable cooler, the spring biasing the valve plate toward the closed position; and (iii) a valve stem or push surface on the valve plate that is contacted and displaced by the respective male coupling extension during docking, wherein the male coupling extension compresses the spring and moves the valve plate inwardly away from the inner rim to create the open position allowing air flow through the opening, and wherein the valve plate automatically returns to seal against the inner rim under spring force when the portable cooler is removed from the cooling system”. Paragraph 0026 describes The plug member 28 is moveable in an inward direction arrow A (see FIG. 5) from a first or closed position to a second or open position (as shown in FIG. 5, for example). In the closed position, the plug member 28 seals the cooling compartment 16 to maximize the insulative properties of the cooler 12. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 14, applicant has added the limitation “the portable cooler comprises: (i) an inlet air distribution passage disposed along an interior surface of a top wall or a rear wall of the insulated chamber, the inlet air distribution passage in fluid communication with the first opening and comprising a plurality of air outlet apertures distributed along a length of the inlet air distribution passage for uniformly distributing cooled air downward or forward through the insulated chamber; (ii) an outlet air collection passage disposed along an interior surface of a bottom wall or the rear wall of the insulated chamber, the outlet air collection passage comprising a plurality of air inlet apertures for collecting return air from the insulated chamber; and (iii) a return opening formed in the side wall of the portable cooler and in fluid communication with the outlet air collection passage for returning the collected air to the cooling system, wherein the inlet air distribution passage and the outlet air collection passage are spatially separated to promote vertical or horizontal circulation of cooled air through an interior volume of the insulated chamber surrounding the stored food items or beverages”. Paragraph 0027 describes The male extension 30 is sized to fit in the opening 26 of the first side wall 24 to push the plug member 28 from the first position to the second position and is configured to allow the cooling system 14 to circulate air out of the cooler 12 through the heat exchanger of the cooling system 14. To facilitate this flow of air, the male extension 30 may be tapered, for example, to allow for the circulation of cooling air from the cooling unit 12, to the cooling compartment 16 of the cooler 12, and back to the cooling unit. As such, a construction is created that provides a channel for airflow. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 15, applicant has added the limitation “(i) the support surface forms an upper support surface of the cooling system, and comprises at least one upwardly-projecting alignment rib or guide post having a tapered upper portion”. Paragraph 0029 The cooling system 14 may also include a tapered guide member 38. The tapered guide member 38 may extend from the remainder of the cooling system to engage a correspondingly shaped recess 40 in the cooler 12 to pre-position the cooler 12 relative to the cooling system 14 during docking. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 16, applicant has added the limitation “(i) the cooling system comprises at least one temperature sensor disposed to measure air temperature within or adjacent to the insulated chamber of the portable cooler when docked; (ii) the cooling system comprises a controller with a processor and memory in communication with the at least one temperature sensor and with the compressor of the refrigeration unit; and (iii) the controller is programmed to receive temperature data from the at least one temperature sensor and to control operation of the compressor based on the temperature data to maintain the insulated chamber within a user-set target temperature range, wherein the controller adjusts compressor speed or cycles the compressor on and off to achieve the user-set target temperature range”. Paragraph 0027 describes the cooling system 14 conventionally includes an evaporator for generating a source of cooling air and a fan for distributing the source of cooling air to the cooling compartment 16 of the cooler 12. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 17, applicant has added the limitation “the portable cooler is devoid of any built-in refrigeration components including compressors, condensers, evaporators, refrigerant circuits, thermoelectric cooling elements, and powered cooling fans, such that the portable cooler contains only passive insulation and no active cooling capability when detached from the cooling system, and wherein the portable cooler has a weight of less than 15 pounds when empty, facilitating manual carrying by a user.” Paragraph 0022 describes a hybrid cooler arrangement constructed in accordance with the present teachings constructed in accordance with the present teachings is shown and generally identified at reference character 10. The hybrid cooler arrangement 10 is illustrated to generally include a cooler 12 (also known as a coolbox) and a cooling system 14. As will be appreciated more fully below, the cooler 12 is removably attachable to the cooling system 14 for charging of the cooler 12. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In claim 18, applicant has added the limitation “a mobile cart housing containing the refrigeration unit, the mobile cart housing comprising: (i) a plurality of wheels or casters mounted to a bottom surface of the mobile cart housing for rolling transport of the cooling system; (ii) a handle attached to the mobile cart housing for maneuvering the cooling system; (iii) an integrated electrical power supply comprising a battery or an AC/DC power adapter for operating the refrigeration unit independently of external fixed power connections; and (iv) the support surface comprising a support platform that is movable between a raised position for compact transport of the cooling system and a lowered position for receiving and supporting the portable cooler during docking”. Paragraph 0022 describes a hybrid cooler arrangement constructed in accordance with the present teachings constructed in accordance with the present teachings is shown and generally identified at reference character 10. The hybrid cooler arrangement 10 is illustrated to generally include a cooler 12 (also known as a coolbox) and a cooling system 14. As will be appreciated more fully below, the cooler 12 is removably attachable to the cooling system 14 for charging of the cooler 12. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Regarding claim 11, claim 11 recites “the cooling system includes … other mechanical engagement elements for engaging the outer shell”. The term “elements” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which the outer shell is engaged. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is engaging the shell. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
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 11 is 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.
Claim limitation “other mechanical engagement elements” in claim 11 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The specification as originally filed, fails to describe a corresponding structure or technique by which the cooling system is capable of holding engaging the outer shell.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 4-5, 10, 12 are rejected based on dependency from a rejected claim.
Allowable Subject Matter
Claims 1, 3-5, 8-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the subject matter which is considered to distinguish from the closest prior art of record, Kishima et al (US 20240102719). The prior art of record teaches a portable cooler (fig. 1) having an insulated chamber (12, insulating material, paragraph 0121) configured for storing food items or beverages, wherein the insulated chamber comprises insulating foam material (12, insulating material, paragraph 0121) disposed between an outer shell and an inner shell (paragraph 0121), wherein the portable cooler has a top opening (fig. 1) with a hinged lid (6) for user access to the insulated chamber; and a cooling system for charging the portable cooler; the cooling system comprising a refrigeration unit (40) with a compressor (41) disposed within a single integrated housing (fig. 1), wherein the refrigeration unit is configured to generate cooled air via a vapor-compression refrigeration cycle (paragraph 0126) in contrast to the claimed features of wherein the portable cooler is configured for standalone use as a passively insulated consumer cooler when detached from a cooling system; the refrigeration unit is configured to generate cooled air via a vapor-compression refrigeration cycle, the cooling system operative for actively cooling the portable cooler by delivering cooled air into the insulated chamber through a direct docking connection formed at a side wall of the portable cooler, wherein the portable cooler is removably attachable to the cooling system by vertical placement of the portable cooler onto a support surface of the cooling system to form the direct docking connection; and wherein the direct docking connection comprises: (i) a first opening formed in the side wall of the portable cooler; (ii) a first male coupling extension projecting from the cooling system and sized to be received into the first opening when the portable cooler is placed onto the support surface; (iii) a closure valve member disposed within the first opening and biased by a spring element to a closed position that seals the first opening when the portable cooler is detached from the cooling system; and (iv) wherein the first male coupling extension mechanically engages and displaces the closure valve member to an open position as the portable cooler is placed onto the support surface, thereby automatically establishing an air flow path from the refrigeration unit through the first male coupling extension and through the first opening into the insulated chamber, and wherein the closure valve member automatically returns to the closed position by the spring element when the portable cooler is removed from the support surface.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claim 1 with dependent claims therefrom are considered allowable.
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 ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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