DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for domestic priority under 35 USC §119(e) and 35 USC §120 is acknowledged.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 10-January-2025 as modified by the preliminary amendment PA#1 filed on the same date.
Claims 72-89 are now pending in the present application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Seal Device for Securing a Container and Method of Use”.
Claim Objections
Objection is made to claim 72 because of the following informalities:
Claim 72 recites in part: “….the first and second longitudinal axes insect on one another….” [line 6], and where it is understood that “intersect” was intended.
Appropriate correction is required.
Double Patenting
Claims 71-86 are rejected for non-statutory double patenting:
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 71-86 are rejected on the ground of non-statutory double patenting as unpatentable over claims 1-10 of Bullard (United States Patent # US 12,221,813 B2), hereinafter Parent.
Current Application
US 12,221,813 B2 (Parent)
Claim 71: A device comprising:
an outer housing;
a power supply;
a radio communication device;
a first thermal sensor;
a first conductor coupled with the first thermal sensor and extending along a first longitudinal axis through the outer housing;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending along a second longitudinal axis through the outer housing; and
a controller disposed within the outer housing;
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing.
Claim 1: A device comprising:
an outer housing comprising a first leg and a second leg which are perpendicular with respect to one another and meet at an intersection to define an L-shape;
a power supply;
a radio communication device;
a first thermal sensor residing within the first leg;
a first conductor coupled with the first thermal sensor and extending along a first longitudinal axis through the outer housing;
a second thermal sensor residing within the second leg and being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending along a second longitudinal axis through the outer housing,
wherein the first and second longitudinal axes intersect one another perpendicularly; and
a controller disposed within the outer housing;
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing.
Claim 72: The device of claim 71 wherein:
the first conductor extends along the first longitudinal axis while extending through the outer housing;
the second conductor extends along the second longitudinal axis while extending through the outer housing; and
the first and second longitudinal axes insect one another perpendicularly.
Claim 2: The device of claim 1 further comprising an accelerometer configured to facilitate determination of which of the first conductor and the second conductor is positioned vertically higher relative to the other of the first conductor and the second conductor.
Claim 73: The device of claim 71 further comprising an accelerometer configured to facilitate determination of detect which of the first conductor and the second conductor is positioned vertically higher relative to the other of the first conductor and the second conductor.
Claim 3: The device of claim 1 wherein:
the outer housing is formed in a clam shell like arrangement through interaction of a frame with a cover;
the frame cooperates with the cover to define an internal cavity; and
each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are disposed within the internal cavity.
Claim 74: The device of claim 71 wherein:
the outer housing is formed in a clam shell like arrangement through interaction of a frame with a cover;
the frame cooperates with the cover to define an internal cavity; and
each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are disposed within the internal cavity.
Claim 4: The device of claim 1 wherein the first conductor is spaced from the second conductor by a distance greater than one inch.
Claim 75: The device of claim 71 wherein the first conductor is spaced from the second conductor by a distance greater than about one inch.
Claim 76: The device of claim 75 wherein the distance is about three inches.
Claim 77: A method, the method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, the product case comprising corrugated material, the device comprising:
a first thermal sensor;
a first conductor coupled with the first thermal sensor;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor; and
a controller electrically coupled with each of the first thermal sensor and the second thermal sensor;
depressing the first conductor into the corrugated material;
measuring temperature of the product case with the first thermal sensor; and
measuring temperature of a headspace with the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container.
Claim 5: A method, the method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, the product case comprising corrugated material, the device comprising:
an outer housing;
a power supply;
a radio communication device;
a first thermal sensor;
a first conductor coupled with the first thermal sensor and extending through the outer housing;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending through the outer housing; and
a controller disposed within the outer housing;
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing;
measuring temperature of the product case with the first thermal sensor comprising depressing the first conductor into the corrugated material; and
measuring temperature of a headspace with the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container.
Claim 78: The method of claim 77 wherein the first conductor is spaced from the second conductor by a distance such that:
the measuring temperature of the product case is not directly affected by temperature of the headspace; and
the measuring temperature of the headspace is not directly affected by temperature of the product case.
Claim 6: The method of claim 5 wherein the first conductor is spaced from the second conductor by a distance such that:
the measuring temperature of the product case is not directly affected by temperature of the headspace; and
the measuring temperature of the headspace is not directly affected by temperature of the product case.
Claim 79: A method of using the device of claim 77, wherein the device further comprises an accelerometer electrically coupled with the controller, the method further comprising:
operating the accelerometer to facilitate determination of which of the first conductor and the second conductor is positioned vertically higher.
Claim 80: The method of using the device of claim 77 wherein the attaching comprises wrapping a piece of plastic wrap over both a portion of the device and a portion of the product case.
Claim 7: A method, the method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, the device comprising:
an outer housing;
a power supply;
an accelerometer;
a radio communication device;
a first thermal sensor;
a first conductor coupled with the first thermal sensor and extending through the outer housing;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending through the outer housing; and
a controller disposed within the outer housing;
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing;
measuring temperature of the product case with one of the first thermal sensor and the second thermal sensor;
measuring temperature of a headspace with the other of the first thermal sensor and the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container;
operating the accelerometer to facilitate determination of which of the first conductor and the second conductor is positioned vertically higher;
recognizing that the vertically higher of the first conductor and the second conductor is measuring the temperature of the headspace;
recognizing that the vertically lower of the first conductor and the second conductor is measuring the temperature of the product case;
reorienting the device;
re-operating the accelerometer to facilitate determination of which of the first conductor and the second conductor is positioned vertically higher;
recognizing that the vertically higher of the first conductor and the second conductor is measuring the temperature of the headspace; and
recognizing that the vertically lower of the first conductor and the second conductor is measuring the temperature of the product case.
Claim 81: The method of claim 80 wherein:
the device further comprises a first leg and a second leg which are generally perpendicular with respect to one another and meet at an intersection to define an L-shape;
the first thermal sensor resides within the first leg;
the second thermal sensor resides within the second leg;
the product case comprises an uppermost carton on a pallet; and
the wrapping comprises holding tightly the first leg in contact against the product case.
Claim 82: The method of claim 81 wherein:
the first leg is horizontally oriented;
the second leg is vertically oriented; and
the second leg extends upwardly into the headspace.
Claim 8: A method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, wherein the attaching comprises wrapping a piece of plastic wrap over both a portion of the device and a portion of the product case, and wherein the device comprises:
an outer housing comprising a first leg and a second leg which are perpendicular with respect to one another and meet at an intersection to define an L-shape;
a power supply;
a radio communication device;
a first thermal sensor residing within the first leg;
a first conductor coupled with the first thermal sensor and extending through the outer housing;
a second thermal sensor residing within the second leg and being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending through the outer housing; and
a controller disposed within the outer housing; wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing;
measuring temperature of the product case with the first thermal sensor; and
measuring temperature of a headspace with the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container;
wherein the product case comprises an uppermost carton on a pallet;
the wrapping comprises holding tightly the first leg in contact against the product case;
the first leg is horizontally oriented; the second leg is vertically oriented; and
the second leg extends upwardly into the headspace.
Claim 83: The method of claim 81 wherein:
the first leg is vertically oriented;
the second leg is horizontally oriented; and
the second leg extends laterally into the headspace.
Claim 84: The method of claim 77 further comprising wirelessly transmitting, by the device, both the temperature of the product case and the temperature of the headspace.
Claim 9: A method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, wherein the attaching comprises wrapping a piece of plastic wrap over both a portion of the device and a portion of the product case, and wherein the device comprises:
an outer housing comprising a first leg and a second leg which are perpendicular with respect to one another and meet at an intersection to define an L-shape;
a power supply;
a radio communication device;
a first thermal sensor residing within the first leg;
a first conductor coupled with the first thermal sensor and extending through the outer housing;
a second thermal sensor residing within the second leg and being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending through the outer housing; and
a controller disposed within the outer housing; wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing;
measuring temperature of the product case with the first thermal sensor; and
measuring temperature of a headspace with the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container;
wherein the product case comprises an uppermost carton on a pallet;
the wrapping comprises holding tightly the first leg in contact against the product case;
the first leg is vertically oriented; the second leg is horizontally oriented; and
the second leg extends laterally into the headspace.
Claim 85: The method of claim 77 further comprising wirelessly transmitting, by the device, both the temperature of the product case and the temperature of the headspace, to a gateway of a seal assembly associated with the cargo.
Claim 86: The method of claim 85 further comprising:
wirelessly transmitting, by the gateway, both the temperature of the product case and the temperature of the headspace, to a quality control supervisor; and
estimating, by the quality control supervisor during shipment of the cargo, by reviewing over a period of time both the temperature of the product case and the temperature of the headspace, the temperature of product within the product case during shipment;
determining, by the quality control supervisor during shipment of the cargo, abnormality of the temperature of product within the product case; and
facilitating, by the quality control supervisor in response to the determining, corrective action during shipment of the cargo.
Claim 10: A method comprising:
loading cargo into a container;
attaching a device to a product case of the cargo within the container, the device comprising:
an outer housing; a power supply;
a radio communication device;
a first thermal sensor;
a first conductor coupled with the first thermal sensor and extending through the outer housing;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor and extending through the outer housing; and
a controller disposed within the outer housing;
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing;
measuring temperature of the product case with one of the first thermal sensor and the second thermal sensor;
measuring temperature of a headspace with the other of the first thermal sensor and the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container;
wirelessly transmitting, by the device, both the temperature of the product case and the temperature of the headspace, to a gateway of a seal assembly associated with the cargo;
wirelessly transmitting, by the gateway, both the temperature of the product case and the temperature of the headspace, to a quality control supervisor;
estimating, by the quality control supervisor during shipment of the cargo, by reviewing over a period of time both the temperature of the product case and the temperature of the headspace, the temperature of product within the product case during shipment;
determining, by the quality control supervisor during shipment of the cargo, abnormality of the temperature of product within the product case; and
facilitating, by the quality control supervisor in response to the determining, corrective action during shipment of the cargo.
Claim 87: The method of claim 77 further comprising sealing of the container with a seal assembly, wherein:
the seal assembly comprises a locking assembly and a gateway; and
the gateway is configured for selectively interlocking with the locking assembly.
Claim 88: The method of claim 87, wherein:
the locking assembly comprises means for locking a hasp of the container; and
the gateway comprises:
sensor means;
means for communicating with the radio communication device to receive environmental data concerning an environmental condition experienced by the cargo;
means for wirelessly transmitting a first signal upon detection by the sensor means of interlocking of the gateway with the locking assembly;
means for wirelessly transmitting a second signal upon detection by the sensor means of unlocking of the locking assembly; and
means for wirelessly transmitting a third signal relating to the environmental data.
Claim 89: The method of claim 88 further comprising:
facilitating transportation of the container by a vessel operated by a transporting agent along a route;
operating a quality control supervisor to receive the first signal, the second signal and the third signal; and
in response to the third signal reflecting that the environmental condition is undesirable for the cargo, requesting by the quality control supervisor that the transporting agent modify a characteristic of the transportation of the container.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Consider independent claim 71: Parent, claim 1, recites all the limitation of claim 71.
Consider claim 72 and as applied to claim 71: The additional limitations of this claim are taught by Parent claim 1.
Consider claim 73 and as applied to claim 71: The additional limitations of this claim are taught by Parent claim 2.
Consider claim 74 and as applied to claim 71: The additional limitations of this claim are taught by Parent claim 3.
Consider claim 75 and as applied to claim 71: The additional limitations of this claim are taught by Parent claim 4.
Consider claim 76 and as applied to claim 75: The additional limitations of this claim are taught by Parent claim 4.
Consider independent claim 77: Parent, claim 5, recites all the limitation of claim 77.
Consider claim 78 and as applied to claim 77: The additional limitations of this claim are taught by Parent claim 6.
Consider claim 79 and as applied to claim 77: The additional limitations of this claim are taught by Parent claims 5 and 7.
Consider claim 80 and as applied to claim 77: The additional limitations of this claim are taught by Parent claims 5 and 8.
Consider claim 81 and as applied to claim 80: The additional limitations of this claim are taught by Parent claim 8.
Consider claim 82 and as applied to claim 81: The additional limitations of this claim are taught by Parent claim 8.
Consider claim 83 and as applied to claim 81: The additional limitations of this claim are taught by Parent claim 9.
Consider claim 84 and as applied to claim 77: The additional limitations of this claim are taught by Parent claims 5 and 10.
Consider claim 85 and as applied to claim 77: The additional limitations of this claim are taught by Parent claims 5 and 10.
Consider claim 86 and as applied to claim 85: The additional limitations of this claim are taught by Parent claim 10.
Claim Interpretation
The following is a quotation of 35 USC §112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 USC §112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 USC §112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 USC §112(f). The presumption that the claim limitation is interpreted under 35 USC §112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 USC §112(f). The presumption that the claim limitation is not interpreted under 35 USC §112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 USC §112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 USC §112(f), except as otherwise indicated in an Office action.
Claim 88 includes one or more limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 USC §112(f) because the specification fails to specifically define limiting structures for performing the functions invoked by those limitations. These claim limitations include:
Means for locking a hasp
Sensor means
Means for communicating
Means for wirelessly transmitting a first signal
Means for wirelessly transmitting a second signal
Means for wirelessly transmitting a third signal
Because these claim limitations are not being interpreted under 35 USC §112(f), they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have these limitations interpreted under 35 USC §112(f), applicant may: (1) amend the claim limitations to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the specification discloses specific limiting definition of materials, or acts to perform the claimed function.
Claim Rejections - 35 USC §112
The following is a quotation of 35 USC §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.
Claims 75, 76, 81-83, 88 and 89 are rejected under 35 USC §112(b) as indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 75 recites in part: “….a distance greater than about one inch.”, wherein the term “about” is a relative term which renders the claim indefinite. The term 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.
Claim 76 recites in part: “….wherein the distance greater is about three inches.”, wherein the term “about” is a relative term which renders the claim indefinite. Also, see previous discussion with respect to claim 75.
Claim 76 is also rejected as depending from a rejected claim.
Claim 81 recites in part: “…..a first leg and a second leg which are generally perpendicular….” [line 2], wherein “generally” is a relative term which renders the claim indefinite.
Claims 82 and 83 are rejected as depending from a rejected claim.
Claim 88 recites limitations: (a) means for locking a hasp, (b) sensor means, (c) means for communicating, (d) means for wirelessly transmitting a first signal, (e) means for wirelessly transmitting a second signal, and (f) means for wirelessly transmitting a third signal, which invoke 35 USC §112(f). However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 USC §112(b).
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 USC §112(f);
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 USC §112(a)) or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 USC §112(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 USC §112(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 89 is rejected as depending from a rejected claim.
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claims 71 and 74 are rejected under 35 USC §103 as unpatentable over Ghoreyshi (United States Patent Application Publication # US 2021/0275030 A1) in view of Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan.
Consider claim 71: A device, Ghoreyshi discloses a temperature measurement device for determining a body temperature of a subject [Title; Abstract; Fig. 1-2; Para. 0002, 0005], comprising:
an outer housing; wherein the temperature measurement device (100) may be in the form of a wearable device, such as a patch, a button, a wrist band, a watch, a head band, and the like. Specifically, an exemplary housing (724) of a wrist device (720) may house the components of temperature measurement device (722) [Fig. 1, 7; Para. 0050, 0070];
a power supply; wherein the temperature measurement device may comprise a battery (112, 250) and power management circuits [Fig, 1, 7; Para. 0052, 0054-0055, 0070];
a radio communication device; the temperature measurement device comprises a user interface (118, 230) which “may include various input and/or output devices, such as an LCD or LED display, a speaker, a button, a wired or wireless communication subsystem, or the like. For example, user interface device may include a wireless communication subsystem that utilizes various wireless communication standards or protocols, such as cellular communication standards (e.g., 2G, 3G, 4G, or 5G cellular communication standards), Wi-Fi, WiMax, Bluetooth, Bluetooth Low Energy (BLE), ZigBee, and the like.” [Fig. 1-2; Para. 0054];
a first thermal sensor; one or more ambient temperature sensors (120, 212, 1212) [Fig. 1-2, 12A-12B; Para. 0051, 0096];
a first conductor coupled with the first thermal sensor and extending along a first longitudinal axis through the outer housing; wherein the ambient temperature sensor is directed outward from the top of the housing [Fig. 1; Para. 0056];
a second thermal sensor being spaced from the first thermal sensor; one or more skin temperature sensors (102, 104, 210, 1202, 1204) the ambient (first) and skin (second) temperature sensors spaced apart, and from each other [Fig. 1-2, 12A-12B; Para. 0051, 0096];
a second conductor coupled with the second thermal sensor and extending along a second longitudinal axis through the outer housing; wherein a plurality of skin temperature sensors are spaced apart and directed through the bottom of the housing along parallel axes [Fig. 1; Para. 0051]; and
a controller disposed within the outer housing; (114, 220) [Fig. 1-2; Para. 0052, 0056];
wherein each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are electrically coupled with the controller and disposed within the outer housing; the user interface, temperature sensors, and battery electrically connected to the controller and contained within the housing [Fig. 1, 2, 7A, Para. 0055-0056, 0070, 0098].
Ghoreyshi discloses that the ambient temperature sensor and skin temperature sensors may be enclosed within the housing [Fig. 1, 12A; Para. 0098] and that the device (1200) may be placed such that the skin sensors contact skin surface (30). Ghoreyshi does not disclose a particular structure, such as a conductor, which allows the enclosed sensors to contact an external object. This is known in analogous prior art, however, and for example:
Ranganathan discloses a thermal stress indicator which comprises sensors for monitoring ambient temperature and body (skin) temperature of a user [Title; Abstract; Fig. 1-6; Para. 0001, 0008-0009] and particularly that the device may comprise a thermally conductive member (39) which contacts the thermal sensor (25) and extends through a cover (29) and is exposed to the environment outside of the monitoring device [Fig. 1-2; Para. 0012-0013, 0066-0067]. Ranganathan also discloses that the ambient sensor (25) conductive element (39) is directed along an axis through the top of the housing, and a pair of skin sensors (25), spaced apart, are directed along parallel axes at the bottom of the housing [Fig. 2].
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to employ a thermally conducting member which contacts a thermal sensor within a housing and which extends through the housing such that it is exposed to the environment outside of the housing as taught by Ranganatham and applied to each of the ambient (first) and skin (second) sensors of a temperature monitoring device as taught by Ghoreyshi in order that the sensor is thermally coupled to the external environment (or portion thereof), while protected within a device housing.
Consider claim 74 and as applied to claim 71: The device of claim 71 wherein:
the outer housing is formed in a clam shell like arrangement through interaction of a frame with a cover;
the frame cooperates with the cover to define an internal cavity; and
each of the power supply, the radio communication device, the first thermal sensor, and the second thermal sensor are disposed within the internal cavity.
Ghoreyshi discloses that the user interface, temperature sensors, and battery electrically connected to the controller and contained within the housing [Fig. 1, 2, 7A, Para. 0055-0056, 0070, 0098], and where
Ranganatham discloses a “shell” (29) and cover (30) which operate on conjunction with a substrate (21) (broadly equivalent to a frame) to enclose sensor(s), controller, battery and other circuits [Fig. 1-2; Para. 0060-0061].
Claims 72 and 73 are rejected under 35 USC §103 as unpatentable over Ghoreyshi (United States Patent Application Publication # US 2021/0275030 A1) and Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, further in view of Kosugi et al. (United States Patent Application Publication # US 2018/0018005 A1), hereinafter Kosugi.
Consider claim 72 and as applied to claim 71: The device of claim 71 wherein:
the first conductor extends along the first longitudinal axis while extending through the outer housing;
the second conductor extends along the second longitudinal axis while extending through the outer housing; and
the first and second longitudinal axes insect one another perpendicularly.
Ghoreyshi as modified by Ranganathan disclose a first set of sensors along a first axis (x) and a second ambient sensor or set of sensors located above the first set, but show both sets (conductive elements) directed in an upward or downward (y axis) direction, and therefore in parallel rather than perpendicular axes [Ranganathan: Fig. 2]. Other perpendicular arrangements are known in prior art, however, and for example:
Kosugi discloses a user direction apparatus for determining a direction of a user based on temperature of airflow [Title; Abstract; Fig. 1-3A,B; Para. 0002, 0027-0029] and particularly a two dimensional arrangement of sensors wherein two or more sensors are directed in a horizontal (x) direction, and two or more sensors directed in a vertical (y) direction in relation to a common origin [Fig. 2, 3A, 7; Para. 0030-0033]. Kosugi further discloses that additional sensors may be directed along a third (z) axis for full three-dimension direction sensing.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to orient temperature sensors along 2 or 3 perpendicular axes as taught by Kosugi applied to a temperature monitoring device as taught by Ghoreyshi as modified by Ranganathan wherein addition of sensors and conductive elements directed to the sides of the housing along one or both horizontal axes will allow a more comprehensive assessment of ambient temperature conditions.
Consider claim 73 and as applied to claim 71: The device of claim 71 further comprising an accelerometer configured to facilitate determination of detect which of the first conductor and the second conductor is positioned vertically higher relative to the other of the first conductor and the second conductor. Kosugi discloses an acceleration sensor (167) for detecting device orientation, and which may be specifically used to correct detection results if the device is not horizontally oriented [Fig. 1, 3A; Para. 0029, 0032].
Claims 75 and 76 are rejected under 35 USC §103 as unpatentable over Ghoreyshi (United States Patent Application Publication # US 2021/0275030 A1) and Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, further in view of Houghton (United States Patent # US 9,772,210 B1).
Consider claim 75 and as applied to claim 71: The device of claim 71 wherein the first conductor is spaced from the second conductor by a distance greater than about one inch.
Ghoreyshi and Ranganathan do not disclose particular device dimensions, or distances between sensors, but it is known in prior art to use an arrangement of temperature sensors spaced along a body of a container, particularly a storage tank, to measure a fluid level within the tank.
Houghton, for example, discloses a system and method for level detection within a tank [Title; Abstract; Fig. 1-2; Col. 1, 6-11; Col. 2, 60 to Col. 3, 28] and where a nominal distance between sensors (depending on particulars of the tank) , may be an exemplary four inches [Fig. 1-3; Col. 10-45].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a plurality of sensors spaced along a sensor strip to be attached to a storage tank, and where an exemplary spacing may be four inches, as taught by Houghton, and applied to a temperature monitoring device as taught by Ghoreyshi as modified by Ranganathan, depending on the dimensions and characteristics of the tank, to measure the level of a fluid within the tank.
Consider claim 76 and as applied to claim 75: The device of claim 75 wherein the distance is about three inches. This claim is rejected, based on the same references, citations and analysis as for claim 75 previously.
Claims 77 and 84 are rejected under 35 USC §103 as unpatentable over Twitchell, Jr. (United States Patent # US 8,315,565 B2) in view of Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, and Takashi et al. (Japanese Patent Application Publication # JP 2000173571 A), hereinafter Takashi.
Consider claim 77: A method, Twitchell discloses a wireless network and tracking system and method, particularly for the detection and tracking of items of baggage [Title; Abstract; Fig. 1; Col. 2, 19-22, Col. 10, 1-37; claim 1], the method comprising:
loading cargo into a container; a specific step of loading items of baggage on a plane [claim 1 (c)];
attaching a device to a product case of the cargo within the container, attaching a tag (device) to each item of baggage [claim 1 (a)] the product case comprising corrugated material, the device comprising:
a first thermal sensor; a tag may comprise a sensor component which may comprise a thermistor or temperature sensor [Col. 7, 10-16; Col. 15, 40-53];
a first conductor coupled with the first thermal sensor;
a second thermal sensor being spaced from the first thermal sensor;
a second conductor coupled with the second thermal sensor; and
a controller electrically coupled with each of the first thermal sensor and the second thermal sensor; wherein the tag (WRT) may comprise a controller or microprocessor [Col. 13, 66 to Col. 14, 23; Col. 15, 54 to Col, 16, 3]
depressing the first conductor into the corrugated material;
measuring temperature of the product case with the first thermal sensor; and
measuring temperature of a headspace with the second thermal sensor, wherein the headspace comprises ambient air residing within an uppermost portion of the container.
Twitchell does not disclose a second thermal sensor, or any particular conduction arrangement through the housing, wherein temperature of a produce case and headspace may be measured by the first and second sensors; and does not disclose a (first) temperature sensor pressed on a product case made of corrugated material. These are known in analogous prior art, and for example:
Ranganathan discloses a thermal stress indicator which comprises sensors for monitoring ambient temperature and body (skin) temperature of a user [Title; Abstract; Fig. 1-6; Para. 0001, 0008-0009], wherein the components, specifically comprising a battery (27), temperature sensor (25), controller (26) and alert mechanism (28) are interconnected and contained on a substrate (21) within an inner (29) and outer cover (30) for attachment to a surface [Fig. 1, 2, 5], and particularly that the device may comprise a thermally conductive member (39) which contacts the thermal sensor (25) and extends through a cover (29) and is exposed to the environment outside of the monitoring device [Fig. 1-2; Para. 0012-0013, 0066-0067].
Takashi discloses a temperature sensor for a battery set [Title; Abstract; Fig. 1; Para. 0004], and particularly that the spacer (2) may be fabricated from corrugated cardboard to which the sensor (3) may be attached by pressing the sensor into an accommodation chamber (4) of the spacer [Fig. 5-7; Para. 0010].
Therefore it would have been obvious for a thermal monitoring device to: (a) comprise a plurality sensors to monitor both the surface temperature of an object to which it is attached and an ambient temperature above the object, (b) for sensors, controller, power supply and other interconnected components of the monitor to be enclosed within one or more covers, and (c) for a conductive member to contact the sensor and provide a thermally conductive path to the exterior of the monitoring device, as taught by Ranganathan; where the sensor may be attached by pressing into an object fabricated from corrugated cardboard; and applied to a wireless reader tag as taught by Twitchell, in order that: (a) the sensor is firmly attached to the monitored object, (b )the temperature monitoring function of the tag include first and second sensors to measure both the temperature of the specific package to which it is attached, and the ambient temperature above the monitor (the headspace for uppermost loaded packages), (c) where the covers serve to protect the tag components and also to attach the tag to a package, and (d) the conductive elements allow the sensors to be mounted on a common tag substrate protected from damage by the covers, and also provides direct thermal contact with the package and ambient air above the tag.
Consider claim 84 and as applied to claim 77: The method of claim 77 further comprising wirelessly transmitting, by the device, both the temperature of the product case and the temperature of the headspace.
Twitchell discloses a mobile local gateway (MLG) (180) within a cargo vehicle or container [Fig. 1; Col. 19, 19-59] wherein tags (WRT/RFT) (130) may communicate through the gateway to remote sites, the communication including sensor data, where sensors may include temperature sensors [Col. 15, 40 to Col. 16, 12].
Ranganathan discloses that the thermal stress indicator comprises sensors for monitoring ambient (head space) temperature and body (skin) temperature of a user [Fig. 1-2; Para. 0012-0013, 0066-0067].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to communicate data from each of the sensors taught by Ranganathan as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, in order to allow remote processing and monitoring.
Claim 78 is rejected under 35 USC §103 as unpatentable over Twitchell, Jr. (United States Patent # US 8,315,565 B2) Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, and Takashi et al. (Japanese Patent Application Publication # JP 2000173571 A), hereinafter Takashi, further in view of Ghoreyshi (United States Patent Application Publication # US 2021/0275030 A1).
Consider claim 78 and as applied to claim 77: The method of claim 77 wherein the first conductor is spaced from the second conductor by a distance such that:
the measuring temperature of the product case is not directly affected by temperature of the headspace; and
the measuring temperature of the headspace is not directly affected by temperature of the product case.
Ranganathan discloses that a thermal resistance (R2) of the device is estimated and used to calculate a relationship between the object surface temperature and ambient temperature [Fig. 9; Col. 14, 57-62], but does not disclose specific efforts to mitigate these effects and isolate the respective sensors. This was known in analogous prior art however, and for example:
Ghoreyshi discloses a temperature measurement device for determining a body temperature of a subject [Title; Abstract; Fig. 1-2; Para. 0002, 0005], and specifically an insulation layer (130) placed between an upper ambient temperature sensor (120) and one or more lower surface sensors (102, 104) [Fig. 1; Para. 0013, 0051].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for an invention to use an insulation layer between ambient and surface temperature sensors in a monitoring device as taught by Ghoreyshi, as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, in order to isolate the temperature measurements from each other.
Claim 79 is rejected under 35 USC §103 as unpatentable over Twitchell, Jr. (United States Patent # US 8,315,565 B2) and Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, and Takashi et al. (Japanese Patent Application Publication # JP 2000173571 A), hereinafter Takashi, further in view of Kosugi et al. (United States Patent Application Publication # US 2018/0018005 A1), hereinafter Kosugi.
Consider claim 79 and as applied to claim 77: A method of using the device of claim 77, wherein the device further comprises an accelerometer electrically coupled with the controller, the method further comprising:
operating the accelerometer to facilitate determination of which of the first conductor and the second conductor is positioned vertically higher.
Twitchell discloses that a tag (WRT/monitoring device) may comprise sensors, but does not specifically disclose an accelerometer or other sensor for determining object orientation. This was known in analogous prior art, however, and for example:
Kosugi discloses a user direction apparatus for determining a direction of a user based on temperature of airflow [Title; Abstract; Fig. 1-3A,B; Para. 0002, 0027-0029], an acceleration sensor (167) for detecting device orientation, and which may be specifically used to correct detection results if the device is not horizontally oriented [Fig. 1, 3A; Para. 0029, 0032].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for an invention to include an acceleration sensor in a monitoring device, where the device is adapted to use sensor information to determine device orientation, and correct or adjust results obtained from other (temperature) sensors accordingly, as taught by Kosugi, as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, in order to distinguish surface and ambient temperature measurements even if the object is in an unusual or unexpected or unanticipated orientation.
Claim 80 is rejected under 35 USC §103 as unpatentable over Twitchell, Jr. (United States Patent # US 8,315,565 B2) and Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, and Takashi et al. (Japanese Patent Application Publication # JP 2000173571 A), hereinafter Takashi, further in view of Brinkley et al. (United States Patent Application Publication # US 2019/0355239 A1), hereinafter Brinkley.
Consider claim 80 and as applied to claim 77: The method of using the device of claim 77 wherein the attaching comprises wrapping a piece of plastic wrap over both a portion of the device and a portion of the product case.
Ranganathan discloses that the monitoring device components are enclosed in a housing which comprises a lower substrate (21) and a cover (29) and a shell (30) made of flexible plastic, which may be transparent, is used to further protect and attach the device to a surface [Fig. 1-2; Para. [0046-0047, 0066-0066].
Ranganathan does not specifically disclose “wrapping” of the cover. This is known in analogous prior art, however, and for example:
Brinkley discloses the use of stretchable flexible plastic film for shipping of goods as a tamper indication device and to attach a monitoring device to a contained wherein the film is stretch-wrapped around the container and monitoring device [Title; Abstract; Fig. 1-5; Para. 0010, 0060-0065; claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for an invention to use a shrink wrap film wrapped over the monitoring device and around the container for shipment as taught by Brinkley, as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, in order to attach the device to the container, and provide an additional level of tamper protection.
Claim 85 is rejected under 35 USC §103 as unpatentable over Twitchell, Jr. (United States Patent # US 8,315,565 B2) and Ranganathan et al. (United States Patent Application Publication # US 2011/0133939 A1), hereinafter Ranganathan, and Takashi et al. (Japanese Patent Application Publication # JP 2000173571 A), hereinafter Takashi, further in view of Berger et al. (United States Patent Application Publication # US 2009/0322510 A1), hereinafter Berger.
Consider claim 85 and as applied to claim 77: The method of claim 77 further comprising wirelessly transmitting, by the device, both the temperature of the product case and the temperature of the headspace, to a gateway of a seal assembly associated with the cargo.
Twitchell discloses a mobile local gateway (MLG) (180) within a cargo vehicle or container [Fig. 1; Col. 19, 19-59] wherein tags (WRT/RFT) (130) may communicate through the gateway to remote sites, the communication including sensor data, where sensors may include temperature sensors [Col. 15, 40 to Col. 16, 12].
Twitchell does not disclose an associated seal. This is well known in analogous prior art, and for example:
Ranganathan discloses that the thermal stress indicator comprises sensors for monitoring ambient (head space) temperature and body (object) temperature [Fig. 1-2; Para. 0012-0013, 0066-0067].
Berger discloses the monitoring and tracking of shipping containers [Title; Abstract, Fig. 1-5, 8; Para. 0107-0110], and particularly that the containers may comprise seals and associated gateways with which they communicate as the container travels from location to location [Para. 0249-0255].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for an invention to that a container or cargo carrier comprise a communication gateway which communicates with an associated container sea as taught by Berger, as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, wherein both container seal and security systems, and container tags both communicate through a mobile gateway to allow efficient monitoring of both container integrity and security as well and temperature condition of the container and cargo.
Consider claim 87 and as applied to claim 77: The method of claim 77 further comprising sealing of the container with a seal assembly, wherein:
the seal assembly comprises a locking assembly and a gateway; and
the gateway is configured for selectively interlocking with the locking assembly.
Twitchell discloses a mobile local gateway (MLG) (180) within a cargo vehicle or container [Fig. 1; Col. 19, 19-59] wherein tags (WRT/RFT) (130) may communicate through the gateway to remote sites, the communication including sensor data, where sensors may include temperature sensors [Col. 15, 40 to Col. 16, 12].
Twitchell does not disclose an associated seal. This is well known in analogous prior art, and for example:
Berger discloses the monitoring and tracking of shipping containers [Title; Abstract, Fig. 1-5, 8; Para. 0107-0110], and particularly that the containers may comprise seals and associated gateways with which they communicate as the container travels from location to location [Para. 0249-0255].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for an invention to that a container or cargo carrier comprise a communication gateway which communicates with an associated container sea as taught by Berger, as applied to a wireless reader tag as taught by Twitchell as modified by Ranganathan and Takashi, wherein both container seal and security systems, and container tags both communicate through a mobile gateway to allow efficient monitoring of both container integrity and security as well and temperature condition of the container and cargo.
Allowable Subject Matter
Claims with subject matter allowable over prior art include:
Claims 81-83 would be allowable if:
(a) rewritten to overcome the rejection under 35 USC §112(b) set forth in this Office action,
(b) filing and acceptance of a terminal disclaimer with respect to the Parent patent to overcome the non-statutory double patenting rejection set forth in this Office action, and
(c) rewritten in independent form to include all of the limitations of the base claim and any intervening claims.
Claim 86 would be allowable if:
(a) filing and acceptance of a terminal disclaimer with respect to the Parent patent to overcome the non-statutory double patenting rejection set forth in this Office action, and
(b) rewritten in independent form to include all of the limitations of the base claim and any intervening claims.
Claims 88 and 89 would be allowable if:
(a) rewritten to overcome the rejection under 35 USC §112(b) set forth in this Office action, and
(b) rewritten in independent form to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Thorne, et al. (U.S. Patent # US 6,747,558 B1) disclosing a method and apparatus for providing container security with a tag.
Breed (U.S. Patent Application Publication # US 2014/0067313 A1) disclosing a cargo monitoring method and arrangement.
Markham, et al. (U.S. Patent Application Publication # US 2011/0246067 A1) disclosing a system and method for dynamic routing.
Tester, et al. (U.S. Patent Application Publication # US 2005/0231365 A1) disclosing an electronic security seal.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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