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
Acknowledgment is made of applicant's claim for foreign priority based on the following applications filed in China:
CN202410216388.2 on February 27, 2024
CN202410237682.1 on March 1, 2024
CN202421373502.4 on June 17, 2024
CN202422005455.4 on August 19, 2024
CN202422748219.1 on November 11, 2024
It is noted, however, that applicant has not filed a certified copy of the CN202410216388.2 application as required by 37 CFR 1.55. All other certified copies have been received.
Claim Objections
The following claims are objected to because of informalities, wherein appropriate correction is required:
In claim 2: the first recitation of “or” (in line 6) could be omitted for grammatical purposes.
In claim 7: the recitation of “or” (in line 10) could be omitted for grammatical purposes.
In claim 12: the recitation of “or” (in line 4) could be omitted for grammatical purposes.
In claim 19: the two recitations of “or” (at the end of lines 3 and 6, respectively) could be omitted for grammatical purposes.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being 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 1 contains the following issues:
The claim recites the term “soft”, which is a relative term that renders the claim indefinite. The term “soft” is not defined by the claim, the specification does not explicitly 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. A review of the specification appears to show preferred embodiments where the “soft” outer package can be made from fabric, leather, and the like.1 The specification also describes that the soft outer package refers to “soft material capable of covering and accommodating the storage module” and that it “has a moldable form and can modify the appearance of the temperature-controlled storage device”.2 However, it is improper to import limitations from the specification into the claims, absent a special definition.3 It does not appear that the specification requires the “soft outer package” to contain a specific material, but rather provides optional embodiments. Moreover, one of ordinary skill in the art would recognize that all materials could be considered to have varying degrees of softness or hardness. For examination purposes¸ the recitation of “soft” will be construed to pertain to any material.
Any remaining claims are rejected at least by virtue of their dependency.
Claim Interpretation
The following is a quotation of 35 U.S.C. 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 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(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 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“temperature control module is configured for cooling […]” (claim 1)
The aforementioned limitation(s) meet the three prong test, as follows:
The claim recites a generic placeholder (i.e., temperature control module).
The generic placeholder is modified by a function (i.e., “configured for cooling”).
The function does not include sufficient structures or materials.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appear to be the corresponding structures for the aforementioned 112(f) limitation(s):
A review of the specification appears to show that the temperature control module includes at least a refrigeration base and a refrigeration assembly.4
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-3, 5-10, 14-15, 17-18 and 20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Gilmore et al. (WO 2021210430 A1), Gilmore.
As per claim 1, Gilmore discloses a temperature-controlled storage device (1), comprising a storage module (421) and a temperature control module (20), wherein when being powered, the temperature control module (20) is configured for cooling to adjust a temperature inside the storage module (evident from at least ¶¶ 17-18); wherein the temperature-controlled storage device (1) further comprises a soft outer package (10; see at least ¶ 61), the soft outer package wraps a periphery of the storage module (421), and at least a portion of a surface of the temperature control module (20) is wrapped by the soft outer package (see at least figs. 1 and 3).
As per claim 2, Gilmore discloses a power supply assembly (30, 32, etc.; see fig. 4), wherein the power supply assembly comprises a battery mounting portion (251) electrically connected to the temperature control module (20; see at least fig. 4); a portable power source (30) is configured for being detachably mounted in the battery mounting portion (251) to supply power to the temperature control module (see at least ¶¶ 33 & 37); and
the soft outer package (10) partially wraps the battery mounting portion (251; see figs. 2-4), or the soft outer package (10) wraps the battery mounting portion (251) in an openable and closable manner (see figs. 2-4).
As per claim 3, Gilmore discloses wherein at least one of:
at least a portion of the temperature control module (20) protrudes from a radial perimeter surface of the storage module (40; see at least fig. 3), or
at least a portion of the battery mounting portion (251) protrudes from the radial perimeter surface of the storage module (40; see figs. 3-4).
As per claim 5, Gilmore discloses wherein the storage module (40) comprises a storage body (41 or 42), and a storage lid (11) which is disposed on the storage body (41 or 42) in an openable and closable manner (see at least fig. 3); and the temperature control module (20) comprises a refrigeration base (25) and a refrigeration assembly (21, 22, 23, 24, 26, etc.) arranged inside the refrigeration base (25), the refrigeration base (25) is connected to the storage body (see at least fig. 3), and a battery mounting portion (251) of a power supply assembly (30, etc.) of the temperature-controlled storage device (1) is electrically connected to the refrigeration assembly (see fig. 4 and ¶ 34).
As per claim 6, Gilmore discloses wherein a bottom of the storage body (41) is stepped or one corner of the bottom of the storage body is recessed inward (e.g., at 411), such that a concave space is formed at the bottom of the storage body (41); and the temperature control module (20) is detachably arranged in the concave space (formed by 411) at the bottom of the storage body (41), and the temperature control module (20) does not protrude from a radial perimeter surface (of 411) of the storage body (41);
wherein:
the battery mounting portion (251) is connected to the refrigeration base (25), and
the battery mounting portion (251) is connected to the radial perimeter surface of the storage body (see figs. 4-5).
As per claim 7, Gilmore discloses wherein a bottom of the storage body (41) is stepped (e.g., at 411) or only one corner of the bottom of the storage body is recessed inward (see fig. 3), such that a concave space (above 411) is formed at the bottom of the storage body (41); the temperature control module (20) is detachably arranged in the concave space (see at least fig. 3) at the bottom of the storage body (41), and at least one side of the temperature control module (20) protrudes from a radial perimeter surface of the storage body (see at least fig. 3);
wherein:
the battery mounting portion (251) is connected to the storage body (see figs. 3-4), and:
the battery mounting portion (251) and the temperature control module (20) are located on a same side of the storage body (see figs. 3-4); or
the battery mounting portion (251) is connected to the storage lid (see figs. 3-4).
As per claim 8, Gilmore discloses wherein a center of gravity (G) of the temperature control module (20) is away from the storage module (40; see at least ¶¶ 50, 57, 59), and the center of gravity (G) of the temperature control module (20) is located in a range of 1-1.5 times a radius (R) of a central axis of the storage body (suggested by the location of 20 in fig. 1).
As per claim 9, Gilmore discloses wherein the soft outer package (10) comprises a soft pack body (e.g., cloth; ¶ 61), the soft pack body wraps a storage body (41) of the storage module (40), and the soft pack body wraps at least a portion of the surface of the temperature control module (20), and the soft pack body is assembled integrally with the storage body (see at least figs. 1 and 3).
As per claim 10, Gilmore discloses wherein the soft outer package (10) comprises a soft pack cover (see at least fig. 3), the soft pack cover wraps a storage lid (11) of the storage module (40), and the soft pack cover is assembled integrally with the storage lid (see fig. 3).
As per claim 14, Gilmore discloses wherein the refrigeration assembly (see at least ¶ 23) comprises a compressor (21), a condenser pipe (22) connected to the compressor (21), an evaporator pipe (24) connected to the condenser pipe (22), and a cooling fan (22a) arranged on one side of the condenser pipe (22; see fig. 4), and the refrigeration base (25) is provided with at least one pair of ventilation windows (e.g., any two of the openings of 22a) for dissipating heat from the refrigeration assembly (see fig. 4); wherein
the at least one pair of ventilation windows (pair of openings of 22a) is arranged on two adjacent surfaces (i.e., side-by-side surfaces) of the refrigeration base (25); and
the soft outer package (10) wraps the refrigeration base in a way that avoids ventilation windows (via 13) of the at least one pair of ventilation windows (see fig. 3 and ¶ 28).
As per claim 15, Gilmore discloses wherein the refrigeration base (25) has a mounting surface (any surface inside 251), the battery mounting portion (251) is arranged on the mounting surface (see fig. 4), and the mounting surface is not coplanar (evident by the opposite location of 251 in fig. 4) with the ventilation windows of the at least one pair of ventilation windows (of 22a); and
the at least one pair of ventilation windows (of 22a) are arranged on two opposite surfaces (e.g., left and right surfaces of 22a in fig. 4) of the refrigeration base (25), and the mounting surface (e.g., bottom surface inside 251) is perpendicular to a plane where the ventilation windows of the at least one pair of ventilation windows are located (see at least fig. 4).
As per claim 17, Gilmore discloses wherein the battery mounting portion (251) has an opening (via 33) for removing a portable power source (30), and the opening enables the portable power source (30) to be inserted into the battery mounting portion (251) in a vertically downward direction (see at least fig. 4).
As per claim 18, Gilmore discloses a carrying assembly (10a, 14, etc.), wherein the carrying assembly (10a, 14, etc.) is detachably connected to at least one of the soft outer package (10) or the storage module (40) for a user to carry the temperature-controlled storage device conveniently (see fig. 1); and the carrying assembly (10a, 14, etc.) comprises a human carrying part (14, per se), and the human carrying part (14) is detachably connected to at least one of the soft outer package (10) or the storage module (40).
As per claim 20, Gilmore discloses wherein
the power supply assembly (30, 32, etc.) comprises one or more portable power sources (30), and the portable power source (30) is detachably arranged in the battery mounting portion (251; see fig. 4); and
the temperature control module (20) comprises a control circuit (31 and related components), and the battery mounting portion (251) is electrically connected to the control circuit (31, etc.); when a compressor (21) of the temperature control module (20) is operating (see at least ¶ 34), the control circuit (31) controls current inputted to the compressor (21; ¶ 36); and when the compressor (21) of the temperature control module is not driven (e.g., when off), the control circuit (31) controls current inputted to the portable power source (30) until the portable power source is fully charged (evidenced by at least ¶ 34).
Claim Rejections - 35 USC § 103
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gilmore (WO 2021210430 A1) in view of Williams (US 20210145137 A1).
As per claim 19, Gilmore may not appear to explicitly disclose:
a detachable tabletop, wherein the detachable tabletop is partially supported and unfolded relative to the storage module; or
the temperature-controlled storage device comprises a detachable bracket, and the soft outer package is detachably mounted with the detachably bracket for fixing the soft outer package on a vehicle; or
the temperature-controlled storage device comprises a detachable wheel assembly, wherein the detachable wheel assembly is detachably connected to the soft outer package, and wheels of the detachable wheel assembly are positioned near a bottom of the temperature-controlled storage device for mobility; or
the temperature-controlled storage device comprises a camping expansion assembly, and the camping expansion assembly is disposed on one or more defined by four radial peripheral surfaces of the temperature-controlled storage device for being connected to external accessories.
On the other hand, Williams, directed to a multi-purpose backpack, discloses a detachable wheel assembly (70-43, 98, etc.), wherein the detachable wheel assembly is detachably connected to the soft outer package (see at least fig. 2), and wheels (70, 72) of the detachable wheel assembly are positioned near a bottom of the storage device for mobility (as shown in fig. 2).
Furthermore, it has been held that some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be articulated: (1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings; (2) a finding that there was reasonable expectation of success; and (3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness.5
As per (1), Williams teaches that the wheel assembly can be added to the backpack to enable pushing and/or pulling if so desired (¶ 66). As per (2), one of ordinary skill in the art would recognize that since the prior art of Williams has successfully implemented its own teachings with regards to the wheel assembly, there would also be a reasonable expectation of success if said teachings were to be incorporated into the teachings of Gilmore. Said reasonable expectation of success is apparent from the fact that both Gilmore and Williams are analogous to each other, as well as are analogous to the claimed invention, by virtue of being within the same field of endeavor (i.e. storage devices). Thus, one of ordinary skill in the art would recognize that the teachings of the prior art are compatible and combinable, without yielding unpredictable results. As per (3), one of ordinary skill in the art, when considering the aforementioned evidence, would comprehend that the prior art teachings of Gilmore may be significantly improved by incorporating the prior art teachings of Williams, since the teachings thereof serve to complement the teachings of Gilmore by virtue of suggesting the ability to push or pull the storage device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Gilmore and to have modified them with the teachings of Williams, by having the temperature-controlled storage device comprise a detachable wheel assembly, wherein the detachable wheel assembly is detachably connected to the soft outer package, and wheels of the detachable wheel assembly are positioned near a bottom of the temperature-controlled storage device for mobility, in order to allow the pushing and/or pulling of the storage device, as similarly suggested by Williams, without yielding unpredictable results.
Allowable Subject Matter
Claims 4, 11-13 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all6 of the limitations of the base claim and any intervening claims. The prior art of record, when taken as a whole, does not appear to reasonably anticipate nor render prima facie obvious the claimed invention as currently recited in the aforementioned claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIGUEL A DIAZ whose telephone number is (313)446-6587. The examiner can normally be reached Monday - Friday: 9:00 AM - 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying C. Atkisson can be reached at (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIGUEL A DIAZ/ Primary Examiner, Art Unit 3763
1 See ¶ 94 of the printed publication: US 20250271195 A1.
2 Id., at ¶ 99.
3 See MPEP § 2111.01 (II) & (IV).
4 See ¶ 14 of the printed publication: US 20250271195 A1.
5 See MPEP § 2143.
6 Disclaimer: failure to include all the intervening limitations will result in a different claim scope, which may require a new grounds of rejection prior to a final determination of allowability.
Prosecution Insights