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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second thermally insulative sheet positioned within the thermal control space and adjacent the second phase-change material mat and an additional thermally insulative sheet positioned within the thermal control space and adjacent the interior space must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 518 and 528.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-8 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.
Claim 1 recites the limitation "the internal space" in line 2-3. There is insufficient antecedent basis for this limitation in the claim. For purposes of further consideration, the claim is being considered as referencing “the [[internal]] interior space”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Der Ovanesian (US 5840080) in view of Chasteen et al. (US 12366400) (hereinafter Chasteen).
Regarding Claim 1
Der Ovanesian teaches a shipping package comprising: an envelope (below, Fig. 4) including a closed end (7) and a closeable end (6), the envelope defining a thermal control space (3/14 and 14/4) and an interior space (16) that is separate from the thermal control space, wherein the interior space is configured to contain a product to be shipped; a first phase-change material (15) positioned within the thermal control space and adjacent the interior space; a first thermally insulative sheet (8) positioned within the thermal control space and adjacent the first phase-change material; and a second phase-change material (10) positioned within the thermal control space and adjacent first thermally insulative sheet, as can be seen in Fig. 4 below (Col. 3, Ln. 6-19).
PNG
media_image1.png
740
435
media_image1.png
Greyscale
Der Ovanesian does not specifically teach first and second phase-change materials are mats.
Chasteen teaches a shipping package (below – Fig 1) comprising: a closed end and a closeable end, the package defining a thermal control space and an interior space that is separate from the thermal control space, wherein the interior space is configured to contain a product (99) to be shipped; a first phase-change material mat (101-1) positioned within the thermal control space and adjacent the interior space; and a second phase-change material mat (103-1) positioned within the thermal control space (Col. 12, Ln. 59 – Col. 3, Ln. 32).
PNG
media_image2.png
523
392
media_image2.png
Greyscale
Der Ovanesian and Chasteen are analogous inventions in the field of thermally insulated containers. Because both Der Ovanesian and Chasteen teach packages having first and second phase-change materials in a thermal control space, it would have been obvious to one skilled in the art at the time of filing to substitute the first and second phase-change materials of Der Ovanesian with the first and second phase-change material mats of Chasteen to achieve the predictable result of creating an insulated container that keeps the contents at their desired temperature within the container. See MPEP 2143(I)(B).
Regarding Claim 2
Der Ovanesian in view of Chasteen (hereinafter “modified Der Ovanesian”) teaches all the limitations of claim 1 as stated above. Modified Der Ovanesian further teaches the first phase-change material [mat], the first thermally insulative sheet, and the second phase-change material [mat] form an arrangement that is positioned on a first side of the interior space, the shipping package further comprising another such arrangement positioned on a second side of the interior space, as can be seen in Fig. 4 above.
Regarding Claims 3-5
Modified Der Ovanesian teaches all the limitations of claim 1 as stated above. Modified Der Ovanesian does not teach a second thermally insulative sheet positioned within the thermal control space and adjacent the second phase-change material mat; or an additional thermally insulative sheet positioned within the thermal control space and adjacent the interior space, wherein the additional thermally insulative sheet is positioned to maintain a size of the interior space.
It would have been an obvious matter of design choice to a person of ordinary skill in the art, at the time of filing, to have a second thermally insulative sheet positioned within the thermal control space and adjacent the second phase-change material mat; and/or an additional thermally insulative sheet positioned within the thermal control space and adjacent the interior space, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(B). Further, Applicant has not disclosed that having a second thermally insulative sheet positioned within the thermal control space and adjacent the second phase-change material mat; and/or an additional thermally insulative sheet positioned within the thermal control space and adjacent the interior space provides an advantage, is used for a particular purpose or solves a stated problem. As such, the claim of having a second thermally insulative sheet positioned within the thermal control space and adjacent the second phase-change material mat; and/or an additional thermally insulative sheet positioned within the thermal control space and adjacent the interior space does not provide patentable distinction over the prior art of record.
With regards to the positioning of the “additional thermally insulative sheet”, it would have been an obvious matter of design choice to a person of ordinary skill in the art, at the time of filing, to ensure that the additional thermally insulative sheet is positioned to maintain a size of the interior space as the interior space has inevitably been designed specifically to be able to hold a desired contents and that sizing would want to be maintained.
Regarding Claim 7
Modified Der Ovanesian teaches all the limitations of claim 1 as stated above. Chasteen further teaches one or more of the first and second phase-change material mats comprise a rigid shell containing phase-change material (Col. 13, Ln. 13-21).
Regarding Claim 8
Modified Der Ovanesian teaches all the limitations of claim 1 as stated above. Chasteen further teaches one or more of the first and second phase-change material mats comprise a flexible bag containing phase-change material (Col. 13, Ln. 13-21).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Der Ovanesian as applied to claim 1 above, and further in view of Fuchs (US 2008/0141700).
Regarding Claim 6
Modified Der Ovanesian teaches all the limitations of claim 1 as shown above. Modified Der Ovanesian does not teach the first thermally insulative sheet comprises rigid segments with a strip of flexible material therebetween.
Fuchs teaches a portable package (below – Fig. 2 and 5) including a thermal control space and an interior space, wherein the package includes a first thermally insulative sheet that comprises rigid segments (94/96/98) with a strip of flexible material (34) therebetween (Paragraph [0024]).
PNG
media_image3.png
351
515
media_image3.png
Greyscale
PNG
media_image4.png
393
524
media_image4.png
Greyscale
Modified Der Ovanesian and Fuchs are analogous inventions in the field of thermally insulated containers. It would have been obvious to one skilled in the art at the time of filing to modify the first thermally insulative sheet of modified Der Ovanesian with the teachings of Fuchs in order to provide the interior space with reinforcement (Paragraph [0024]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further pertinent prior art includes but is not limited to that which is listed in the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733