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 .
Applicant’s election without traverse of Group I claims 1-14 in the reply filed on 3/5/2026 is acknowledged.
Claims 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/5/2026.
This Office Action acknowledges the applicant’s preliminary amendment filed on 9/9/2024. Claims 1-16 are pending in the application. Claims 15-16 are withdrawn from consideration.
Information Disclosure Statement
The information disclosure statement filed 9/9/2024 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement. The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
Applicants are respectfully reminded that they and other individuals, as set forth in 37 CFR 1.56, have a duty to bring to the attention of the Office any material prior art or other information cited or brought to their attention in any related foreign application. See MPEP 2001.06(a).
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 8 and 13 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.
Claim 8 recites the limitation “a gas valve is provided to enable gaseous pressure within the cuboid volume due to the sublimation gases arising from the coolant”. It is unclear how to interpret this limitation. It is unclear if this is the same valve recited in claim 1 or another valve.” For examination purposes, it will be assumed it is the same valve as claim 1.
Claim 13 recites the limitation “thermal barrier (liner)” with the limitation “liner” in parenthesis. It is unclear if the term “liner” should be taking into consideration in the claim. For examination purposes, it will be assumed the thermal barrier is considered a portion of the holder separating the coolant from the payload area.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 8, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KYROTEX LTD GB 2552821 A.
With regards to claim 1, KYROTEX LTD discloses a thermally insulating transport container comprising: a cuboid body comprising six insulating panels; and a coolant support member 103; wherein the coolant comprises a solid that sublimates (dry ice; pg. 9:30-35); wherein the cuboid panels (Fig. 4) comprise a base panel, first and second end-wall panels and first and second sidewall panels and a cover panel 104; wherein the insulation panels are fastened such that they provide a substantially gas- tight seal along mutually orthogonal edges (pg. 9:19-21); wherein the coolant support member comprises at least a support tray spaced, in use, from an inside face of the cover panel, the support tray being provided with upstanding support members; wherein a payload volume (Fig. 3) is defined below the coolant support tray, which payload volume provides sufficient space for a palletized good; wherein, in use, once assembled and provided with coolant, the coolant gases emanating from the coolant are operable to cool the payload volume by sublimation; and wherein a gas valve (pg. 13:25-27) is provided to enable gaseous pressure control within the cuboid volume due to the sublimation gases arising from the coolant.
With regards to claim 2, KYROTEX LTD discloses the insulating panels are formed from multilayer insulating boards selected from one or more of plastics foam (expanded plastic). (Pg. 9:11-17; expanded plastic core with a hard or rigid outer skin or shell)
With regards to claim 8, KYROTEX LTD (Fig. 4) discloses the upper lid 104 is removable in use, to permit replenishment of coolant upon sublimation of an initial or subsequent amount of coolant; and provided with coolant (pg. 9:30-35), the coolant gases emanating from the coolant are operable to cool the payload volume by sublimation; and wherein a gas valve (pg. 13:25-27) is provided to enable gaseous pressure within the cuboid volume due to the sublimation gases arising from the coolant.
With regards to claim 11, KYROTEX LTD discloses the coolant support member 103 is one of a plastics structure. (Pg. 11:21-22)
With regards to claim 13, KYROTEX LTD discloses the coolant support member 103 is provided with a thermal barrier (liner) to create a temperature gradient to enable the payload area to be maintained at a temperature above the sublimation temperature of the coolant. (Pg. 8:1-13)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over KYROTEX LTD GB 2552821 A in view of Pranadi et al. US 2017/0121097 A1.
With regards to claim 3, KYROTEX LTD discloses the claimed invention as stated above but it does not specifically disclose the container is provided with a pallet-style base.
However, Pranadi teaches that it was known in the art to have a thermally insulated container be provided with a pallet-style base 13. (Para. 0002, 0093 and Fig. 23)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in KYROTEX LTD by providing a pallet-style base as taught by Pranadi for the purposes of allowing easier lifting and transporting of heavy payload containers.
With regards to claim 4, Pranadi further teaches the pallet style base is affixed to the base panel. (Para. 0096-0097)
Claim(s) 5-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KYROTEX LTD GB 2552821 A in view of Pranadi et al. US 2017/0121097 A1 and further in view of FEIGENBAUM US 2,631,439.
With regards to claim 5, KYROTEX LTD discloses the claimed invention as stated above but it does not specifically disclose the container the panels are retained together in place by compression restraints.
However, FEIGENBAUM teaches that it was known in the art to have a thermally insulated container 10 have the panels retained together in place by compression restraints 37/39. (Col 4:42-70)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in KYROTEX LTD by having the container panels retained together in place by compression restraints as taught by FEIGENBAUM for the purposes of preventing the container from opening prematurely during transit.
With regards to claim 6, FEIGENBAUM further teaches the compression restraints 37/39 comprise webbing provided with ratchet straps. (Col 4:42-70)
With regards to claim 7, FEIGENBAUM does not specifically disclose adjacent panels are provided with resilient tapes along at least one mating face thereof to ensure gas-tight resilience between the panels.
However, FEIGENBAUM teaches that it was known in the art to have a thermally insulated container 10 have adjacent panels provided with resilient tapes 40/41 along at least one mating face thereof to ensure gas-tight resilience between the panels. (Col 4:70-5:5)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in KYROTEX LTD by having the adjacent panels provided with resilient tape as taught by FEIGENBAUM for the purposes of providing additional sealing to the container.
With regards to claim 9, KYROTEX LTD discloses a gas valve as stated above but it does not specifically disclose it is defined by means of a slit provided within the seal to control pressure within the cuboid volume.
However, FEIGENBAUM teaches that it was known in the art to have a gas valve formed by means of a slit provided within the seal to control pressure within the cuboid volume. (Col 5:2-5)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in KYROTEX LTD by having the gas valve provided by a slit within the seal as taught by FEIGENBAUM for the purposes of providing an alternative way of releasing gas from the container.
With regards to claim 10, FEIGENBAUM further teaches the gas valve is compressed by a weight of a panel or by compression forces acting by means of a strapping arrangement whereby to control pressure within the cuboid volume. (Col 4:42-70)
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over KYROTEX LTD GB 2552821 A.
With regards to claim 12, KYROTEX LTD discloses a coolant support member as stated above but it does not specifically disclose it is a metallic structure formed from sheet of one of an aluminium alloy or a stainless steel, conveniently apertured whereby to provide a high degree of thermal conduction with a reduced thermal capacity.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the coolant support member be formed from sheet of one of an aluminium alloy or a stainless steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KYROTEX LTD GB 2552821 A in view of Jobe US 9,957,098 B2.
With regards to claim 14, KYROTEX LTD discloses the claimed invention but it does not specifically disclose the side and end panels are provided by way of a "U"-section single panel, to provide a more resilient structure.
However, Jobe teaches that it was known in the art to have a thermally insulated container 10 have the side and end panels (with 70) are provided by way of a "U"-section single panel, to provide a more resilient structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the container in KYROTEX LTD by having the side and end panels provided by way of a "U"-section single panel as taught by Jobe for the purposes of providing more insulation to the articles inside the container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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