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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/05/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3, 6 and 9 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In the instant case, claim 3 requires the thermal charger to comprise wheels and to be transportable, however, parent claim 2 from which claim 3 depends, requires the thermal charger to be mounted on a concrete slab or other fixed structure; not movable. Therefore, claim 3 fails to further limit the subject matter of claim 2. Claim 6 requires the thermal charger to comprise wheels and to be transportable, however, parent claim 5 from which claim 6 depends, requires the thermal charger to be mounted on a concrete slab or other fixed structure; not movable. Therefore, claim 6 fails to further limit the subject matter of claim 5. Claim 9 also requires the thermal charger to comprise wheels and to be transportable, however, parent claim 8 from which claim 9 depends, requires the thermal charger to be mounted on a concrete slab or other fixed structure; not movable. Therefore, claim 9 fails to further limit the subject matter of claim 8.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 3, 6 and 9 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 recitation of “wherein the thermal charger comprises wheels and is transportable” (claim 3, claim 6 and claim 9) is unclear. The recitation above requires the thermal charger to comprise wheels and to be transportable, however, the parent claim from which the limitation depends, requires the thermal charger to be mounted on a concrete slab or other fixed structure, therefore, it is unclear the use of wheels and transportability if the charger is not movable. After reviewing Applicant’s disclosure, more specifically figures 44 and 45, it appears that both claims are directed to different schematic illustrations of the thermal charger. For examination purposes, the thermal charger is being examined as portable.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siddiqui (US 2022/0154992).
Regarding claim 1, Siddiqui discloses a thermal charger (including temperature regulating device 110) for charging a thermal battery system of a vehicle (refer to temperature-controlled container 100 and par. 66, wherein said container 100 has the capability to allow the transport of organs within or outside hospitals, and in current ground vehicles and aircraft), comprising
a charging hose and a return hose (refer to flexible tubing 102, 104, 106, 108 as in par. 84) each configured to connect to external ports of the vehicle (refer to auto-shutoff valves 90 of container 100 as can be seen from fig. 4; also, refer to par. 88, and fig. 5, wherein the system is portable and ready for transportation, therefore, since the ports are part of the system and not the vehicle being used for transportation, the ports are considered external to the vehicle) for fluid flow of a heat transfer fluid to and from a PCM-charging circuit of the vehicle (including heat exchangers 80 and 82 as in fig. 4);
an onboard pump (60 and 66);
a phase change material (refer to PCM storage volume 144 as in fig. 14); and
a heat exchanger (refer to heat pipes 142 located within volume 144) embedded in the phase change material;
wherein the hoses (flexible tubing 102, 104, 106, 108), the onboard pump (60 and 66), and the heat exchanger (heat pipes 144 located within volume 144, and exchanging heat with the heat transfer fluid by means of element 150) define a PCM-discharging circuit of the thermal charger; and
further comprising an electric battery (refer to rechargeable battery pack 32 as in fig. 2) for powering the onboard pump (60, 66) by which the heat-transfer fluid is circulated through the PCM-discharging circuit (located within the temperature regulating device 110) of the thermal charger and the PCM-charging circuit of the vehicle (container 100 to be located in the vehicle).
Regarding claim 2, Siddiqui meets the claim limitations as disclosed above in the rejection of claim 1. Further, Siddiqui discloses wherein the thermal charger is not mounted on a concrete slab or other fixed structure (refer to the first line of par. 87, wherein the system is designed to be portable).
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(s) 3, 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siddiqui (US 2022/0154992) in view of Hur (WO 2019/117478 A1).
Regarding claims 3, 6 and 9, Siddiqui meets the claim limitations as disclosed in the rejection of claims 2, 5 and 8 respectively. Further, Siddiqui discloses wherein the thermal charger is transportable (refer to the first line of par. 87, wherein the system is designed to be portable, therefore, capable of being transportable), but fails to explicitly disclose wherein the thermal charger comprises wheels.
However, Hur teaches that it is known in the art of refrigeration, to provide a movable air-conditioning device comprising wheels (332), in order for the device to be freely movable (refer to pg. 5, par. 12).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Siddiqui such that the thermal charger comprises wheels in view of the teachings by Hur, in order for the thermal charger to be freely movable.
Claim(s) 4-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siddiqui (US 2022/0154992).
Regarding claim 4, Siddiqui discloses a thermal charger (including temperature regulating device 110) for charging a thermal battery system of a vehicle (refer to temperature-controlled container 100 and par. 66, wherein said container has the capability to allow the transport of organs within or outside hospitals, and in current ground vehicles and aircraft), comprising:
a charging hose and a return hose (refer to flexible tubing 102, 104, 106, 108 as in par. 84) each configured to connect to external ports of the vehicle (refer to auto-shutoff valves 90 of container 100 as can be seen from fig. 4; also, refer to par. 88, and fig. 5, wherein the system is portable and ready for transportation, therefore, since the ports are part of the system and not the vehicle being used for transportation, the ports are considered external to the vehicle) for fluid flow of a heat transfer fluid to and from a PCM-charging circuit of the vehicle (including heat exchangers 80 and 82 as in fig. 4);
an onboard pump (60 and 66);
a phase change material (refer to PCM storage volume 144 as in fig. 14); and
a heat exchanger (refer to heat pipes 144 located within volume 144) embedded in the phase change material;
wherein the hoses (flexible tubing 102, 104, 106, 108), the onboard pump (60 and 66), and the heat exchanger (heat pipes 144 located within volume 144, and exchanging heat with the heat transfer fluid by means of element 150) define a PCM-discharging circuit of the thermal charger; and
further comprising an electric battery (refer to rechargeable battery pack 32 as in fig. 2) for powering the onboard pump (60, 66) by which the heat-transfer fluid is circulated through the PCM-discharging circuit (located within the temperature regulating device 110) of the thermal charger and the PCM-charging circuit of the vehicle (container 100 to be located in the vehicle).
While Siddiqui discloses the thermal battery system of the vehicle, Siddiqui fails to explicitly disclose wherein said vehicle is a trailer.
Nevertheless, it appears that the thermal charger for charging the thermal battery system of the vehicle of Siddiqui would operate equally well with the vehicle being a trailer and it would be a matter of choice of a person having ordinary skill in the art.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the vehicle of Siddiqui to be a trailer because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Siddiqui.
Regarding claim 5, Siddiqui as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Siddiqui as modified discloses wherein the thermal charger is not mounted on a concrete slab or other fixed structure (refer to the first line of par. 87, wherein the system is designed to be portable).
Regarding claim 7, Siddiqui discloses a thermal charger (including temperature regulating device 110) for charging a thermal battery system of a vehicle (refer to temperature-controlled container 100 and par. 66, wherein said container has the capability to allow the transport of organs within or outside hospitals, and in current ground vehicles and aircraft), comprising:
a charging hose and a return hose (refer to flexible tubing 102, 104, 106, 108 as in par. 84) each configured to connect to external ports of the vehicle (refer to auto-shutoff valves 90 of container 100 as can be seen from fig. 4; also, refer to par. 88, and fig. 5, wherein the system is portable and ready for transportation, therefore, since the ports are part of the system and not the vehicle being used for transportation, the ports are considered external to the vehicle) for fluid flow of a heat transfer fluid to and from a PCM-charging circuit of the vehicle (including heat exchangers 80 and 82 as in fig. 4);
an onboard pump (60 and 66);
a phase change material (refer to PCM storage volume 144 as in fig. 14); and
a heat exchanger (refer to heat pipes 144 located within volume 144) embedded in the phase change material;
wherein the hoses (flexible tubing 102, 104, 106, 108), the onboard pump (60 and 66), and the heat exchanger (heat pipes 144 located within volume 144, and exchanging heat with the heat transfer fluid by means of element 150) define a PCM-discharging circuit of the thermal charger; and
further comprising an electric battery (refer to rechargeable battery pack 32 as in fig. 2) for powering the onboard pump (60, 66) by which the heat-transfer fluid is circulated through the PCM-discharging circuit (located within the temperature regulating device 110) of the thermal charger and the PCM-charging circuit of the vehicle (container 100 to be located in the vehicle).
While Siddiqui discloses the thermal battery system of the vehicle, Siddiqui fails to explicitly disclose wherein said vehicle is a cart.
Nevertheless, it appears that the thermal charger for charging the thermal battery system of the vehicle of Siddiqui would operate equally well with the vehicle being a cart and it would be a matter of choice of a person having ordinary skill in the art.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the vehicle of Siddiqui to be a cart because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Siddiqui.
Regarding claim 8, Siddiqui as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Siddiqui as modified discloses wherein the thermal charger is not mounted on a concrete slab or other fixed structure (refer to the first line of par. 87, wherein the system is designed to be portable).
Response to Arguments
Applicant's arguments filed on 01/05/2026 have been fully considered but they are not persuasive.
Applicant argues on pages 4-5 of the remarks that the primary reference of Siddiqui fails to disclose wherein the charging hose and return hose are each configured to connect to external ports, since the temperature regulating device 110 of the system is transported in vehicles and aircrafts. This argument has been considered but is not persuasive.
Since the system Siddiqui charging the thermal battery system can operate outside of the transportation vehicle (refer to par. 88, and fig. 5, wherein the system is portable and ready for transportation), the ports are part of said complete system, and not the vehicle; the ports are considered external to the vehicle.
For at least the reasons disclosed above, claims 1-9 remain rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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