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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shah et al. (U.S. 2020/0216236). Shah et al. teaches a transport container 10 with an interior for receiving a transport item (cavity of 10), comprising a container wall (shown at lead line 10 in figure 1) with at least one container opening (defined by 12) for supplying the interior with air from an environment, at least one protective device 16, 24 for shielding the at least one container opening against a medium of the environment, wherein the at least one protective device 16, 24 comprises an air inlet area (lower surface of skirt 21) for modifying an air flow of the air to the at least one container opening, wherein the air inlet area extends in a circumferential direction around the at least one container opening (air inlet is space between 16 and 12) and is configured to discharge the medium along the circumferential direction (medium prevented from travelling through 24 and is discharged through opening defined by 12).
Regarding claim 2, the air inlet area is configured to separate the medium from the air flow (air allowed to flow through 24 while medium is prevented) and to guide the separated medium along the at least one protective device in a defined direction (medium is directed out though opening defined by 21).
Regarding claim 3, wherein the air inlet area is formed completely circumferential (between 12 and 21), or wherein the air inlet area comprises and/or forms at least one inlet opening with the container wall, wherein the at least one inlet opening is formed slot-shaped or slit-shaped.
Regarding claim 4, wherein the air inlet area is formed in the form of a labyrinth (between threads of neck 12 and skirt 21), which extends in the circumferential direction around the at least one container opening (figures 9 and 10), in order to guide the air flow in sections at least once parallel to the container wall and/or in sections at least once perpendicular to the container wall.
Regarding claim 5, wherein the air inlet area comprises at least one first edge and at least one second edge for deflecting the air flow, which are spaced apart from one another and/or opposite to one another and/or formed offset from one another (elements 50 are spaced apart).
Regarding claim 6, wherein the at least one first edge and/or the at least one second edge is each formed as an edge in which a respective edge angle is equal to or less than 110 degrees (see angles of 50 in figure 5).
Regarding claim 7, wherein the at least one first edge and the at least one second edge are spaced apart relative to one another and arranged in different locations relative to one another, in order to form a Z-shaped deflection of the air flow in a cross- sectional view (where the first edge and the second edge are the edges of the neck threads and closure threads, with this interpretation the edges form a Z-shaped deflection of the air flow over the threads of the neck and the threads of the closure).
Regarding claim 8, the air inlet area is formed in the form of a nozzle in sections in a flow direction of the air flow in order to accelerate the air flow to the at least one container opening and/or in order to decelerate the air flow to the at least one container opening (the nozzle form is shown at the angled surfaces which lead into a smaller opening 40, as shown in figure 5).
Regarding claim 9, wherein the air inlet area comprises a discharge section for the medium, which partially adjoins the container wall (discharge section is area between the container wall at 12 and the closure portion 21) and/or which is partially arranged opposite to the container wall in order to drain the medium in a defined direction.
Regarding claim 10, wherein the discharge section is formed as a circumferential edge (of the skirt 21), a circumferential groove, a circumferential shoulder, a circumferential channel, and/or as a circumferential duct, and/or comprises at least one of these.
Regarding claim 11, wherein the at least one protective device is formed ring-shaped in sections or ring disk-shaped in sections for mounting on the container wall, each with a through opening (the protective device 24 is considered disk-shaped with a through opening at 40).
Regarding claim 12, wherein in a flow direction of the air flow the through opening is flush with the at least one container opening or merges into the at least one container opening via a shoulder (as shown in figure 2).
Regarding claim 13, wherein the at least one protective device is formed symmetrically to at least one plane as shown in figure 2).
Regarding claim 14, wherein the at least one protective device is formed in one piece with a frame part and with a shielding part, or in at least two pieces with a frame element 24 and with a shielding element 16, wherein the frame element and the shielding element are each formed as separate individual elements (16 and 24 are separate individual elements), wherein the shielding part or the shielding element 16 each extends at a distance from the container wall at least over the frame part or over the frame element 24 (figure 2).
Regarding claim 16, the frame part or the frame element, and/or wherein the shielding part or the shielding element each is formed flat in sections and/or plate-shaped in sections (frame element 24 is flat), and/or wherein the shielding part or the shielding element for limiting the air inlet area is formed flat and shell-shaped, or flat and tub-shaped (shielding element 16 is tub shaped).
Regarding claim 17, the frame part or the frame element 24 each comprises a circumferential discharge section for the medium (circumferential surface of 24), and wherein at least one cover strip 22 is arranged and/or formed on the shielding part or on the shielding element 16 each in a circumferential direction, wherein the at least one cover strip 22 is arranged opposite and/or at a distance from one side of the discharge section (22 is located at a distance from the perimeter of 24).
Regarding claim 18, the frame part and the shielding part, or wherein the frame element 24 and the shielding element 16 each together form at least two flow-through ducts for the air flow (comprised of 50, 40 and space between 12 and 21), which are arranged in the circumferential direction around the through opening (space between 12 and 21) and open into the through opening (at 40).
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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Shah et al. (U.S. 2020/0216236) in view of Campbell et al. (WO 9613443A1).
Regarding claim 15, Shah et al. discloses the claimed invention except for the through opening being formed similar to the cross-section of the at least one container opening. Campbell et al. teaches that it is known to provide a container with a through opening being formed similar to the cross-section of the at least one container opening (see element 10 in figure 10). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Shah et al. with the through opening being formed similar to the cross-section of the at least one container opening, as taught by Campbell et al., in order to save on material costs by using less material to form the frame element while still sealing the container.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Shah et al. (U.S. 2020/0216236) in view of Walsh (U.S. 2009/0200308).
Regarding claim 19, Shah et al. discloses the claimed invention except for the transport item comprising at least one electrical component. Walsh teaches that it is known to providing a container with a transport item comprising at least one electrical component (see battery application in paragraph [0042]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the container of Shah et al. with the transport item comprising at least one electrical component, as taught by Walsh, in order to safely store a battery in a manner that allows for venting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the venting feature.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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