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 § 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 1-14 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.
The term “a thermally insulating rigid foam substrate” and “rigid foam” in claims 1, 9-14 and “rigid plastics or polymers” is a relative term which renders the claim indefinite. The term “rigid” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification describes the foam as being capable of supporting the weight of the PCM tanks and therefore foam with a PCM tank is considered to meet the claim limitations. The specification does not provide a description of rigid plastic or polymers.
Claim 1 recites “a thermally insulating rigid foam substrate” and in claims 1, 9-14 also recite “the rigid foam” which renders the claim indefinite because it is unclear if the rigid foam is a substrate or not. For examination purpose the limitation will be interpreted to recite -- the thermally insulating rigid foam substrate -- for clarity.
Claims 2-5, 7-8 are rejected based on dependency from a rejected claim.
Allowable Subject Matter
Claims 1-14 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.
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, Holloway et al (GB 2477454), Berry et al (GB 2474544), Wood et al (US 20150166244), Wood et al (US 20190219320). The Holloway and Berry teach PCM tanks disposed within the panels on the inner side. Both Wood references teach PCM surrounded by a thermally insulating rigid foam substrate and filled with phase change materials in contrast to the claimed features of an insulation system for a refrigerated room or container comprising: a plurality of panels each panel having an outer side and an inner side surrounding an inner volume; PCM tanks disposed within the panels on the inner side, wherein the PCM tanks are surrounded by a thermally insulating rigid foam substrate and filled with phase change materials; wherein the rigid foam contacts both the inner and outer side of the panels and is a structural member configured to support the PCM tanks to contact the inner side of the insulated panels.
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.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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.
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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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