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 .
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 the first thermally insulative sheet, wherein the first thermally insulative sheet is positioned between the first phase-change material and the second phase-change material as can be seen in Fig. 4 below (Col. 2, Ln. 28-30 and Col. 3, Ln. 6-19).
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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).
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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]).
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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]).
Response to Arguments
Applicant's arguments filed 4/13/2026 have been fully considered but they are not persuasive.
Applicant argues that Der Ovanesian does not teach a thermally insulative sheet as claimed. The Examiner respectfully disagrees. The thermally insulative sheet (or web) of Der Ovanesian is taught to be a plastic film, for example.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 8 July 2026
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