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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/31/2025 and 05/30/2025 were filed after the filing date of this Application on 02/20/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the term “may” in lines 1 and 3. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-11 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.
Regarding claim 4, the claim recites “said intake end of said first duct and said exhaust end of said second duct being spaced apart at the intake end and the exhaust end” which renders the claim indefinite. As recited, the claim is confusing because it is not entirely clear if the disclosed “intake end” and “exhaust end” are referencing the previously disclosed “intake end of said first duct” and “exhaust end of said second duct” or something entirely different. More clarity is requested.
Regarding claim 5, the term “substantially” is a relative term which renders the claim indefinite. The term “substantially” 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. This term renders claim 5 indefinite because it is unclear what “a substantially same elevation” is. Thus, as used to qualify the elevation of the intake end of the first duct and the exhaust end of the second duct, this term renders the same indeterminate and the claim (and all claims depending therefrom) indefinite with regard to the scope of protection sought thereby.
Regarding claim 6, the claim recites “said housing comprising an exterior wall” which renders the claim indefinite. Claim 1 from which claim 6 depends discloses “a housing comprising a base and one or more walls extending upwardly from said base”. Therefore, it is not entirely clear if the disclosed “exterior wall” is referencing the previously disclosed “one or more walls” of claim 1 or it is referring to an entirely different wall. More clarity is requested.
Claim 10 recites the limitation “the pressure of incoming water” in line 21. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “the pressure of incoming water” will be interpreted as -- a pressure of incoming water --
Claim 11 recites the limitation “air pressure” in line 20. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “air pressure in said thermal engine enclosure” will be interpreted as -- an air pressure in said thermal engine enclosure --
Claims 7 and 9 are also rejected due to dependency.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR20230152368A) in view of Kwon et al. (US 20210207880 A1, herein after referred to as Kwon).
Regarding claim 1, Yoon teaches an active insulated container (external thermal insulation unit 10 Fig. 1), comprising: a housing (cargo 100 Fig. 2) comprising a base (bottom wall of cargo 100 Fig. 2) and one or more walls (Fig. 2) extending upwardly from said base (Fig. 2); upper ends of said one or more walls (Fig. 2) defining an opening (Fig. 2) for access to an interior of said housing (first internal space 110 Fig. 2); a lid (Fig. 2) disposed at said opening (Fig. 2), said lid being movable to allow or limit access to said interior (Figs. 1-2 and paragraph [0023]); a thermal engine (refrigeration cycle module 400 Fig. 5) comprising a compressor (compressor 410 Fig. 5), a condenser (condenser 420 Fig. 5), an evaporator (evaporator 440 Fig. 5), and at least one air mover (second rotating fan 464 Fig. 5), said thermal engine disposed in a thermal engine enclosure (corresponds to the cavity that accommodates refrigeration cycle module 400 Figs. 2 and 5); a first duct (second discharge pipe 454 Fig. 5) and a second duct (first discharge pipe 452 Fig. 5), said first duct configured to allow airflow (corresponds to the air flowing into second air hole 140 Fig. 5 and paragraph [0054]) from outside said housing to said thermal engine (Fig. 5 and paragraph [0054]), and said second duct configured to allow said airflow to exhaust from said thermal engine (Fig. 5 and paragraph [0054]); an inlet of said first duct (second air hole 140 Fig. 5) and an outlet of said second duct (first air hole 130 Fig. 5).
Yoon teaches the invention as described above but fails to explicitly teach “wherein air within said first and second ducts and said thermal engine enclosure is compressed when water rises through said inlet and said outlet of said first and second ducts”.
However, when external thermal insulation unit 10 is closed, a person skilled in the art would recognize that the only openings available for outside air to enter and exit external thermal insulation unit 10 would be first air hole 130 and second air hole 140 (see Figs. 4-5). Therefore, any water rising through first air hole 130 and second air hole 140 would compress air present within first and second discharge pipes 452-454 as well as air present within second internal space 120 since there would be no opening available for the air to escape.
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to include “wherein air within said first and second ducts and said thermal engine enclosure is compressed when water rises through said inlet and said outlet of said first and second ducts” since there would be no opening available for the air to escape.
Yoon teaches the invention as described above but fails to explicitly teach “the inlet of said first duct and the outlet of said second duct being disposed at a lower elevation of said housing”.
However, Kwon teaches an inlet of a first duct (the inlet of intake duct 53 Figs. 17-18 corresponds to the inlet of the first duct of Yoon) and an outlet of a second duct (the outlet of exhaust duct 55 Figs. 17-18 corresponds to the outlet of the second duct of Yoon) being disposed at a lower elevation of a housing (Figs. 17-18 where first case 5c corresponds to the housing of Yoon).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Yoon to include “the inlet of said first duct and the outlet of said second duct being disposed at a lower elevation of said housing” in view of the teachings of Kwon to provide a different arrangement of parts as a designer choice.
Regarding claim 2, the combined teachings teach further comprising a second air mover (first rotating fan 462 Fig. 5 of Yoon) wherein said at least one air mover pulls air into said first duct to said thermal engine (Fig. 5 of Yoon) and said second air mover moves air from said thermal engine (Fig. 5 of Yoon).
Regarding claim 3, the combined teachings teach said first duct having an intake end (end of intake duct 53 Fig. 18 of Kwon) and said second duct having an exhaust end (end of exhaust duct 55 Fig. 18 of Kwon) that are located adjacent to one another (Fig. 18 of Kwon).
Regarding claim 6, the combined teachings teach said housing comprising an exterior wall (see below annotated Fig. 5 of Yoon) with an interior liner (first housing 312 Figs. 2 and 5 of Yoon) therein which define said thermal engine enclosure having one opening (second vent 108b Fig. 5 of Yoon) for said first duct (Fig. 5 of Yoon) and a second opening (first vent 108a Fig. 5 of Yoon) for said second duct (Fig. 5 of Yoon).
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Regarding claim 7, the combined teachings teach further comprising said thermal engine enclosure between said exterior wall and said interior liner (see below annotated Fig. 5 of Yoon).
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Regarding claim 10, the combined teachings teach said first duct and said second duct disposed between said exterior wall and said interior liner (see below annotated Fig. 5 of Yoon).
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Claims 4-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon and Kwon as applied to claim 1 above, and further in view of Sanders et al. (US 20200361690 A1, herein after referred to as Sanders).
Regarding claim 4, the combined teachings teach said intake end of said first duct and said exhaust end of said second duct being spaced apart at the intake end and the exhaust end (Fig. 18 of Kwon).
The combined teachings teach the invention as described above but fail to explicitly teach “said intake end and said exhaust end being spaced apart to prevent recirculating warm exhaust air through the inlet of the first duct back into the housing”.
However, Sanders teaches an intake end (the portion of wall 154 that accommodates intake bores 168 Fig. 5B corresponds to the intake end of Kwon) and an exhaust end (the portion of wall 154 that accommodates exhaust bores 170 Fig. 5B corresponds to the exhaust end of Kwon) being spaced apart to prevent recirculating warm exhaust air (disclosed “condenser air” in paragraph [0077]) through an inlet of the first duct (intake bores 168 Fig. 5B correspond to the inlet of the first duct of Yoon) back into a housing (paragraph [0077] and Fig. 1A where housing 102 corresponds to the housing of Yoon) to ensure the thermal engine can produce sufficient cooling and also help reduce power consumption (paragraph [0079]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “said intake end and said exhaust end being spaced apart to prevent recirculating warm exhaust air through the inlet of the first duct back into the housing” in view of the teachings of Sanders to ensure the thermal engine can produce sufficient cooling and also help reduce power consumption.
Regarding claim 5, the combined teachings teach said intake end of said first duct and said exhaust end of said second duct being at a same elevation (Fig. 5A of Sanders) and further comprising at least one wall therebetween (fins 164 and 166 Fig. 5A of Sanders).
Regarding claim 9, the combined teachings teach the invention as described above but fail to explicitly teach “said exterior wall having a clamshell configuration”.
However, Sanders teaches an exterior wall (lid 104 and base 106 Figs. 1A-1B correspond to the exterior wall of Yoon) having a clamshell configuration (Figs. 1-2 where the lid 104 and base 106 come together to enclose a space).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “said exterior wall having a clamshell configuration” in view of the teachings of Sanders to simplify the assembly process.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon and Kwon as applied to claim 1 above, and further in view of Beitner (US 4355518).
Regarding claim 8, the combined teachings teach the invention as described above but fail to explicitly teach “said active insulated container configured to be mounted below a fording line of a vehicle”.
However, Beitner teaches an active insulated container (box-shaped container 34 Fig. 2 corresponds to the active insulated container of Yoon) configured to be mounted below a fording line (the “water level” disclosed in Col. 3 lines 29-34 and Fig. 2) of a vehicle (disclosed “boat” in Col. 3 lines 29-34 and Fig. 2) to provide an effective heat transfer (Col. 3 lines 54-62).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “said active insulated container configured to be mounted below a fording line of a vehicle” in view of the teachings of Beitner to provide an effective heat transfer.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Beitner, Yoon, Kwon, and Liu et al. (CN207501532U, herein after referred to as Liu).
Regarding claim 11, Beitner teaches a vehicle (disclosed “boat” in Col. 3 lines 29-34 and Fig. 2), comprising: a fording line of the vehicle (corresponds to the depth of the hull below the water surface Fig. 2); an active insulated container (box-shaped container 34 Fig. 2) configured to be installed in said vehicle at a level below said fording line (the “water level” disclosed in Col. 3 lines 29-34 and Fig. 2).
Beitner teaches the invention as described above but fails to explicitly teach “said active insulated container having: a housing comprising a base and a plurality of walls extending from said base, said plurality of walls defined by an exterior wall and a liner, and forming a thermal engine enclosure therebetween; upper ends of said plurality of walls defining an opening for access to an interior of said housing; a lid disposed at said opening, which opens and closes to allow or limit access to said interior; a thermal engine including a compressor, a condenser, an evaporator, and at least one air mover, said thermal engine disposed in said thermal engine enclosure; a first duct and a second duct, said first duct configured to allow airflow from outside said housing to said thermal engine enclosure, and said second duct configured to allow said airflow to exhaust from said thermal engine enclosure”.
However, Yoon teaches an active insulated container (external thermal insulation unit 10 Fig. 1 corresponds to the active insulated container of Beitner) having: a housing (cargo 100 Fig. 2) comprising a base (bottom wall of cargo 100 Fig. 2) and a plurality of walls (Fig. 2) extending from said base (Fig. 2), said plurality of walls defined by an exterior wall (see below annotated Fig. 5 of Yoon) and a liner (first housing 312 Figs. 2 and 5), and forming a thermal engine enclosure therebetween (corresponds to the cavity that accommodates refrigeration cycle module 400 Figs. 2 and 5); upper ends of said plurality of walls (Fig. 2) defining an opening (Fig. 2) for access to an interior of said housing (first internal space 110 Fig. 2); a lid (Fig. 2) disposed at said opening (Fig. 2), which opens and closes to allow or limit access to said interior (Figs. 1-2 and paragraph [0023]); a thermal engine (refrigeration cycle module 400 Fig. 5) including a compressor (compressor 410 Fig. 5), a condenser (condenser 420 Fig. 5), an evaporator (evaporator 440 Fig. 5), and at least one air mover (second rotating fan 464 Fig. 5), said thermal engine disposed in said thermal engine enclosure (Figs. 2 and 5); a first duct (second discharge pipe 454 Fig. 5) and a second duct (first discharge pipe 452 Fig. 5), said first duct configured to allow airflow (corresponds to the air flowing into second air hole 140 Fig. 5 and paragraph [0054]) from outside said housing to said thermal engine (Fig. 5 and paragraph [0054]), and said second duct configured to allow said airflow to exhaust from said thermal engine enclosure (Fig. 5 and paragraph [0054]) to accommodate objects and to keep them warm or cold (paragraph [0007]).
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Beitner to include “said active insulated container having: a housing comprising a base and a plurality of walls extending from said base, said plurality of walls defined by an exterior wall and a liner, and forming a thermal engine enclosure therebetween; upper ends of said plurality of walls defining an opening for access to an interior of said housing; a lid disposed at said opening, which opens and closes to allow or limit access to said interior; a thermal engine including a compressor, a condenser, an evaporator, and at least one air mover, said thermal engine disposed in said thermal engine enclosure; a first duct and a second duct, said first duct configured to allow airflow from outside said housing to said thermal engine enclosure, and said second duct configured to allow said airflow to exhaust from said thermal engine enclosure” in view of the teachings of Yoon to accommodate objects and to keep them warm or cold.
The combined teachings teach the invention as described above but fail to explicitly teach “an inlet of said first duct and an outlet of said second duct being disposed at a lower elevation of said housing”.
However, Kwon teaches an inlet of a first duct (the inlet of intake duct 53 Figs. 17-18 where intake duct 53 corresponds to the first duct of Yoon) and an outlet of a second duct (the outlet of exhaust duct 55 Figs. 17-18 where exhaust duct 55 corresponds to the second duct of Yoon) being disposed at a lower elevation of a housing (Figs. 17-18 where first case 5c corresponds to the housing of Yoon).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “an inlet of said first duct and an outlet of said second duct being disposed at a lower elevation of said housing” in view of the teachings of Kwon to provide a different arrangement of parts as a designer choice.
The combined teachings teach the invention as described above but fail to explicitly teach “each of said first duct and said second duct extending upwardly turning and extending downwardly preventing water from entering through said first and second ducts”.
However, Liu teaches each of a first duct (refrigerating return air duct 10 Fig. 4 corresponds to the first duct of Yoon) and a second duct (variable temperature return air duct 12 Fig. 4 corresponds to the second duct of Yoon) extending upwardly turning and extending downwardly (Fig. 4) preventing water (disclosed “defrosted water” in paragraph [25]) from entering through said first and second ducts (paragraph [25]) to stop water from reaching specific compartments (paragraph [25]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “each of said first duct and said second duct extending upwardly turning and extending downwardly preventing water from entering through said first and second ducts” in view of the teachings of Liu to stop water from reaching specific compartments.
The combined teachings teach the invention as described above but fail to explicitly teach “that an air pressure in said thermal engine enclosure is higher than a pressure of incoming water in said first and second ducts”.
However, Applicant discloses in paragraph [0058] of the specification that “Each of the intake duct 62 and the exhaust duct 64 have an inverted U-shaped, or bend 67, 76, which create traps. The trap precludes water entry past or beyond the upper ends of the intake duct 62 and exhaust duct 64”. In other words, the inverted U-shaped of the ducts are preventing water from travelling beyond the bend of the ducts. Therefore, given that the refrigerating return air duct 10 and the variable temperature return air duct 12 disclosed in Fig. 4 and paragraph [25] of Liu are substantially similar to that in instant claim 11, it is the Examiner's position that the refrigerating return air duct 10 and the variable temperature return air duct 12 taught by Liu would inherently have the instantly claimed function of “that an air pressure in said thermal engine enclosure is higher than a pressure of incoming water in said first and second ducts”. Since PTO cannot conduct experiments the proof of burden is shifted to the Applicants to establish a nonobviousness difference, see In re Best, 562 F.2d 1252, 195 USPQ 430 (CCPA 1977).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMBA NMN GAYE whose telephone number is (571)272-8809. The examiner can normally be reached Monday-Thursday 4:30AM to 2:30PM.
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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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