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 is the First Office action on the Merits from the examiner in charge of this application.
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 limitations in claim 29 of the barrier element comprises “elastic sealing elements on at least one lateral rim” 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 15-33 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 15, line 5, the limitations of at least one coolant reservoir for holding a coolant “at least one of arranged and fastened in the loading space on an upper wall” is improper in context, thus renders the claim indefinite for failing to clearly define the metes and bounds of the claimed invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 15 recites the broad recitation of “at least one coolant reservoir” in line 5, and the claim also recites “wherein the at least one coolant reservoir is a drawer” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 22 recites the limitation "the air exchange flow sectional area" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 23: since claim 15, lines 5-6 recites a coolant reservoir on an upper wall, the recitation in claim 23 of “the coolant reservoir is arranged on the upper wall” renders the claim indefinite.
Claims 16-33 are rejected as being dependent on, and failing to cure the deficiencies of, a rejected claim 15.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 15-16, 19-21, 24-28, 30, and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2010-71596 to Aki et al (hereinafter Aki) in view of USP 2130617 to Dockham.
Aki discloses (Claim 15). A container for transporting temperature-sensitive goods, comprising: a wall structure 3 which surrounds a loading space for receiving the goods and comprising an opening 2 for loading and unloading the loading space; a door device for selectively opening and closing the opening 2; at least one coolant reservoir 9 for holding a coolant 8 arranged and fastened in the loading space on an upper wall (such as shown in Figs. 7-9), the at least one coolant reservoir 9 or a coolant 8 contained therein being exchangeable via a coolant access portion of the opening; wherein the door device comprises at least one inner door leaf and at least one outer door leaf (see below annotated Fig. 9), the at least one outer door leaf and the at least one inner door leaf each sized to entirely cover the opening, including the coolant reservoir (see Fig. 8); and wherein the at least one coolant reservoir is a drawer 9 which is guided in a guidance element 10 such that it can be pulled out of and into the loading space; (Claim 33). The container according to claim 15, wherein dry ice 8 is arranged in the at least one coolant reservoir 9.
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The differences being that Aki fails to clearly disclose the limitations in (i) claim 15 of a barrier element arranged to separate the loading space from an outside in a remaining portion of the opening 2 when the door device is in an open position; and that the barrier element is removably fixed to at least one of the wall structure and the guidance element of the drawer; (ii) claims 16, 19-21, 24-28, 30.
Dockham discloses a container 1 comprising: a wall structure which surrounds a loading space for receiving goods and comprising an opening for loading and unloading the loading space; a door device 7 for selectively opening and closing the opening; a barrier element 11 arranged to separate the loading space from an outside in a remaining portion of the opening when the door device 7 is in an open position; wherein the door device 7 comprises at least one inner door leaf 9 and at least one outer door leaf (outer panel of door device 7), the at least one outer door leaf and the at least one inner door leaf 9 each sized to entirely cover the opening, including the barrier element 11; and wherein the barrier element 11 is removably fixed to the wall structure; wherein the barrier element 11 is substantially impermeable to ambient air; wherein the barrier element 11 covers at least 50 % of an air exchange flow sectional area between the loading space and the outside; wherein the barrier element 11 covers at least 80 % of the air exchange flow sectional area between the loading space and the outside; wherein the barrier element 11 covers at least 90 % of the air exchange flow sectional area between the loading space and the outside; wherein a distance between the barrier element 11 and a bottom wall of the wall structure is less than 50mm; wherein the distance between the barrier element 11 and the bottom wall of the wall structure is less than 30mm; wherein the barrier element 11 is arranged to cover at least 70 % of a width of the opening; wherein the barrier element 11 is arranged to cover at least 90 % of the width of the opening; wherein the barrier element 11 is arranged to cover at least 98 % of the width of the opening; wherein the barrier element 11 is pivotably mounted to a wall of the wall structure.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Dockham, to modify Aki to include the limitations in (i) claim 15 of a barrier element arranged to separate the loading space from an outside in a remaining portion of the opening 2 when the door device is in an open position; and that the barrier element is removably fixed to the wall structure; (ii) claims 16, 19-21, 24-28, 30: Claim 16 of wherein the barrier element is substantially impermeable to ambient air; Claim 19 of wherein the barrier element covers at least 50 % of an air exchange flow sectional area between the loading space and the outside; Claim 20 of wherein the barrier element covers at least 80 % of the air exchange flow sectional area between the loading space and the outside; Claim 21 of wherein the barrier element covers at least 90 % of the air exchange flow sectional area between the loading space and the outside; Claim 24 of wherein a distance between the barrier element and a bottom wall of the wall structure is less than 50mm; Claim 25 of wherein the distance between the barrier element and the bottom wall of the wall structure is less than 30mm; Claim 26 of wherein the barrier element is arranged to cover at least 70 % of a width of the opening; Claim 27 of wherein the barrier element is arranged to cover at least 90 % of the width of the opening; Claim 28 of wherein the barrier element is arranged to cover at least 98 % of the width of the opening; Claim 30 of wherein the barrier element is pivotably mounted to a wall of the wall structure with a reasonable expectation of success in order to increase the overall versatility of the container.
Claim(s) 17-18, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aki, as modified, as applied to claim 15 above, and further in view of KR 200338073 (hereinafter KR ‘073).
Aki, as modified, discloses all the elements as discussed above including the limitations in Claim 22 of wherein an air exchange flow sectional area between the loading space and the outside is defined as a rectangular area enclosed by three walls of the wall structure and the coolant reservoir arranged on a fourth wall; and Claim 23 of wherein the coolant reservoir is arranged on the upper wall. The differences being that Aki, as modified, fails to clearly disclose the limitations in claims 17-18.
KR ‘073 discloses a container 100 comprising: a wall structure, which surrounds a loading space for receiving the goods and comprising an opening for loading and unloading the loading space; a door device for selectively opening and closing the opening; a barrier element 10 arranged to separate the loading space from an outside in a remaining portion of the opening when the door device is in an open position; wherein the barrier element 10 is made of a sheet of material.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of KR ‘073, to modify Aki, as modified, to include the limitations in Claim 17 of wherein the barrier element is made of a sheet of material with a reasonable expectation of success in order to increase the overall versatility of the container.
Regarding Claim 18, since metal, wood, fabric, plastic, and a combination thereof are well-known and commercially available products for making a barrier element, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Aki, as modified, to include the limitations in Claim 18 of wherein the material is one of metal, wood, fabric, plastic, and a combination thereof with a reasonable expectation of success in order to increase the overall versatility of the container.
Claim(s) 29, 31 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aki, as modified, as applied to claim 15 above, and further in view of USP 12467676 to Ros.
Aki, as modified, discloses all the elements as discussed above except for the limitations recited in the above-listed claims.
Ros discloses a container 1 for transporting temperature-sensitive goods, comprising: a wall structure which surrounds a loading space for receiving the goods and comprising an opening for loading and unloading the loading space; a door device 4,5 for selectively opening and closing the opening; at least one coolant reservoir 8 for holding a coolant at least one of arranged and fastened in the loading space on an upper wall, the at least one coolant reservoir or a coolant contained therein being exchangeable via a coolant access portion of the opening; and wherein the door device comprises at least one inner door leaf 4 and at least one outer door leaf 5, the at least one outer door leaf 5 and the at least one inner door leaf 4 each sized to entirely cover the opening, including the coolant reservoir; and wherein the at least one coolant reservoir is a drawer which is guided in a guidance element such that it can be pulled out of and into the loading space; wherein the inner and outer door leaves comprise elastic sealing elements on at least one lateral rim thereof; wherein at least one of the wall structure and the door device is designed as a layered structure comprising, from the outside to the inside, a first insulating layer, and an energy distribution layer bounding the loading space and made of a material with a thermal conductivity of > 100 W/(m.K); wherein the layered structure further comprises a second insulating layer arranged between the first insulating layer and the energy distribution layer.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Ros, to modify Aki, as modified, to include the limitations in Claim 29 of wherein the barrier element comprises elastic sealing elements on at least one lateral rim thereof; Claim 31 of wherein at least one of the wall structure and the door device is designed as a layered structure comprising, from the outside to the inside, a first insulating layer, and an energy distribution layer bounding the loading space and made of a material with a thermal conductivity of > 100 W/(m.K); Claim 32 of wherein the layered structure further comprises a second insulating layer arranged between the first insulating layer and the energy distribution layer with a reasonable expectation of success in order to increase the overall versatility of the container.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DANIEL TROY can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HVT
August 15, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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