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 .
Election/Restrictions
Newly submitted claims 6-12 and 17-20 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claims 6-12 and 17-20 are directed to a distinct species than originally claimed. The original claims are directed to the species viewed in figures 1-10 as the original claims required longitudinal and lateral cardboard divider panels supporting thermal regulation elements where at least one of said longitudinal and lateral divider panels comprised a thermal regulation element, the assembly included two longitudinal divider panels and three lateral divider panels, and at least a portion of two of said lateral divider panels comprised a thermal regulation element. Claim 6 is directed to a distinct species from that originally claimed and depicted in figures 1-10 as claim 6 requires longitudinal and lateral divider panels comprised of cardboard and a thermal regulation element supported in a wide slot disposed in at least one of the divider panels, where said lateral divider panels also comprise thermal regulation elements. There is no disclosure in the originally claimed species which is depicted in figures 1-10 for lateral divider panels comprising thermal regulation elements in addition to a thermal regulation element supported in a wide slot disposed in at least one of the divider panels. Additionally, there is no disclosure in the originally claimed species which is depicted in figures 1-10 for lateral divider panels that comprises thermal regulation elements and are comprised of cardboard. Claim 17 is directed to a distinct species from that originally claimed and depicted in figures 1-10 as claim 17 requires providing intersecting longitudinal and lateral divider panels comprised of cardboard and each including at least one narrow slot, supporting at least one thermal regulator element by insertion into a wide slot disposed in one or more of the divider panels, wherein the divider assembly includes two longitudinal divider panels and three lateral divider panels and wherein at least a portion of two of said three lateral divider panels comprise a thermal regulation element. There is no disclosure in the originally claimed species which is depicted in figures 1-10 for two of said three lateral divider panels comprising a thermal regulation element in addition to at least one thermal regulator element inserted into a wide slot disposed in one or more of the divider panels. Additionally, there is no disclosure in the originally claimed species which is depicted in figures 1-10 for two of said three lateral divider panels comprising a thermal regulation element that has at least one narrow slot.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 6-12 and 17-20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The drawings were received on 18 June 2026. These drawings are acceptable.
The drawings are objected to as failing to comply with C.F.R 1.84(h)(3) because the hatching of juxtaposed different elements must be angled in a different way. MPEP 608.02 V. See segments 116 & 117 of figure 2.
The drawings are objected to as failing to comply with 37 C.F.R. 1.84(q) because lead lines must originate in the immediate proximity of the reference character and extend to the feature. MPEP 608.02 V. The lead line associated with the second from rightmost and second from bottommost instances of 129 in figure 4 do not appear to be directed to channels as disclosed.
The drawings are objected to as failing to comply with C.F.R 1.84(u) because view numbers must be preceded by the abbreviation "FIG." MPEP 608.02 V. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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.
Specification
The use of the terms CLIMACELL and TEMPERPACK, which are a trade name or a mark used in commerce, have been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The disclosure is objected to because reference character “130” has been used to designate bottom tray and top tray.
The disclosure is objected to because reference character “134” has been used to designate conical walls and generally cylindrical cup-like walls.
The disclosure is objected to because reference character “117” has been used to designate insulating batting segment, insulation batting, and insulation batting element.
The disclosure is objected to because reference character “116” has been used to designate insulating batting segment, insulation batting, and insulation batting element.
The disclosure is objected to because reference character “102” has been used to designate bottle and article.
The disclosure is objected to because reference character “114” has been used to designate major flap and bottom flap.
The disclosure is objected to because reference character “113” has been used to designate lateral side wall, wall, and top flap.
The disclosure is objected to because reference character “112” has been used to designate side wall and wall.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: thermal regulator element.
Claim Objections
Claims 2-12 and 21 are objected to because of the following informalities: “A shipping container packaging” of lines 1 should be corrected to “The shipping container packaging”. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: “at least on” of line 1 should be corrected to “at least one”. Appropriate correction is required.
Claim 21 is objected to because of the following informalities: “the wide slot is disposed only the longitudinal divider panels” of line 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 21 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation of claim 21 that “the wide slot is disposed only the longitudinal divider panels” fails to comply with the written description requirement. While the original disclosure does provide that longitudinal divider panels include wide slots, there is no written description of the wide slots being disposed only on the longitudinal dividers or that the wide slots cannot be disposed on the lateral divider panels. The figures cannot be relied upon for original disclosure of a negative limitation as the mere absence of a positive recitation is not basis for an exclusion. See MPEP 2173.05(i).
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 1-5, 13, 14, 16, and 21 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.
The limitation of claims 1 and 13 of “intersecting longitudinal and lateral divider panels” is led to be indefinite. It is unclear if this limitation requires a plurality of longitudinal divider panels and a plurality of lateral divider panels or if the limitation requires a plurality of panels including at least one longitudinal divider panel and at least one lateral divider panel. In light of the original disclosure which depicts only a single lateral divider panel and in order to give the claims their broadest most reasonable interpretation, the claims will be interpreted as the latter.
The term “wide” in claims 1, 3, 4, and 13 is a relative term which renders the claim indefinite. The term “wide” is not defined by the claims, 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. The term slot has been rendered indefinite by the use of the term wide.
The term “narrow” in claims 2, 4, and 16 is a relative term which renders the claim indefinite. The term “narrow” is not defined by the claims, 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. The term slot has been rendered indefinite by the use of the term narrow.
The limitation of claim 16 of “the longitudinal and lateral divider panels” is led to be indefinite. It is unclear if this limitation requires a plurality of longitudinal divider panels and a plurality of lateral divider panels or if the limitation requires a plurality of panels including at least one longitudinal divider panel and at least one lateral divider panel. In light of the original disclosure which depicts only a single lateral divider panel and in order to give the claim its broadest most reasonable interpretation, the claim will be interpreted as the latter.
Claim 16 recites the limitation "said thermal regulation elements" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 is led to be indefinite as it is unclear if said thermal regulation elements are newly recited structures or refer back to at least one thermal regulator element of claim 1. In light of the original disclosure and in order to apply art the claim will be interpreted as the latter.
The limitation of claim 21 of “the longitudinal and lateral divider panels” is led to be indefinite. It is unclear if this limitation requires a plurality of longitudinal divider panels and a plurality of lateral divider panels or if the limitation requires a plurality of panels including at least one longitudinal divider panel and at least one lateral divider panel. In light of the original disclosure which depicts only a single lateral divider panel and in order to give the claim its broadest most reasonable interpretation, the claim will be interpreted as the latter.
The limitation of claim 21 that “the at least one narrow slot is disposed in both of the longitudinal and lateral divider panels” is led to be indefinite. It is unclear if each of the longitudinal and lateral divider panels have at least one respective narrow slot or if the limitation can be met by a single narrow slot which exists in the longitudinal and lateral divider panels. In light of the original disclosure and in order to apply art the claim will be interpreted as the former.
The limitation of claim 21 that “the wide slot is disposed only the longitudinal divider panels” is led to be indefinite. It is unclear if the limitation is met by a single wide slot that is present in the longitudinal divider panels, if the limitation requires a single wide slot that exists on each longitudinal divider panel, or if the limitation requires each longitudinal divider panel to have a respective wide slot. In light of the original disclosure and in order to apply art the claim will be interpreted as the former.
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) 1-3, 13, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 8844718) further in view of Naukkarinen (US 20190177071) and evidenced by Gilligan (US 20230159255).
Claim 1: Hall discloses a packaging 100 (shipping container packaging) comprising: a bottom tray 102 defining a plurality of lower securement chambers 116 (bottom article receiving chambers), a top tray 104 defining a plurality of upper securement chambers 158 (top article receiving chambers), a support partition 106 (divider assembly) of intersecting long structural panel 136 (longitudinal divider panels) and shorter structural panels 138 (lateral divider panels) extending between said bottom and top trays 102 & 104 forming bays 114 (article surrounding chambers), wherein the long structural panel 136 and shorter structural panels 138 (divider panels) are comprised of cardboard [see C. 5 L. 19-21] and are interengaged to form said bays 114 (article surrounding chambers), wherein said long structural panel 136 and shorter structural panels 138 (divider panels) have notches 140 for receiving the other of the long structural panel 136 (longitudinal divider panels) and shorter structural panels 138 (lateral divider panels) (see fig. 1, 3, 4, 8, 10-12).
Hall does not disclose a thermal regulation element supported in a wide slot disposed in at least one of the divider panels.
Naukkarinen teaches a system 200 with first ice packs 101 (thermal regulator elements) having first-pack slits 141 and a second ice packs 102 (thermal regulator elements) having second-pack slits 142, wherein the first-pack slits 141 are configured to receive portions of the second ice packs 102 (thermal regulator elements) and the second-pack slits 142 are configured to receive portions of the first ice packs 101 (thermal regulator elements) to form a plurality of spaces 18 each configured to receive a container 310 (see fig. 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) and to have modified the outer notches 140 of the long structural panel 136 (longitudinal divider panels) to be first-pack slits 141 (wide slots) to receive the second ice packs 102 (thermal regulator elements), as taught by Naukkarinen, in order to cool held packaging bottles 108 (articles) to extend their shelf life. Modifying only the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) is further evidenced by Gilligan (US 20230159255) which discloses that it was well known before the effective filing date of the invention to have provided thermo packs 2308, 2310 only between outer rows 2312, 2314 and inner rows 2316, 2318 of beverage containers (see fig. 23).
Claim 2: The combination discloses wherein a plurality of long structural panel 136 and the central shorter structural panel 138 (divider panels) each further include at least one notch 140 (narrow slot) disposed therein to support an intersecting long structural panel 136 or central shorter structural panel 138 (intersecting divider panel) (see fig. 3 & 11-12).
Claim 3: The combination discloses wherein each long structural panel 136 and the central shorter structural panel 138 (divider panel) includes an upper edge and a lower edge, wherein the notches 140 (narrow slots) and first-pack slits 141 (wide slots) of the long structural panel 136 (longitudinal divider panels) extend from the lower edge towards the upper edge, the notches 140 (narrow slots) of the shorter structural panel 138 (lateral divider panel) extend from the upper edge towards the lower edge, and the second-pack slits 142 of the second ice packs 102 (thermal regulator elements) extend from the upper edge towards the lower edge (see fig. 3 & 11-12 ‘718 and fig. 1 & 4 ‘071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have reversed the slots, such that the notches 140 (narrow slots) and first-pack slits 141 (wide slots) of the long structural panel 136 (longitudinal divider panels) extend from the upper edge towards the lower edge, the notches 140 (narrow slots) of the shorter structural panel 138 (lateral divider panel) extend from the lower edge towards the upper edge, and the second-pack slits 142 of the second ice packs 102 (thermal regulator elements) extend from the lower edge towards the upper edge as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The combination results in the first-pack slits 141 (wide slots) extending from the upper edge to a bottom edge of the first-pack slits 141 (wide slots) that is spaced from the lower edge.
Claim 13: Hall discloses method of packaging bottles 108 (articles) comprising: providing a bottom tray 102 defining a plurality of lower securement chambers 116 (bottom article receiving chambers), providing a top tray 104 defining a plurality of upper securement chambers 158 (top article receiving chambers), providing a support partition 106 (divider assembly) of intersecting long structural panel 136 (longitudinal divider panels) and shorter structural panels 138 (lateral divider panels) extending between said bottom and top trays 102 & 104, forming bays 114 (article surrounding chambers), wherein the long structural panel 136 and shorter structural panels 138 (divider panels) are comprised of cardboard [see C. 5 L. 19-21] and are interengaged to form said bays 114 (article surrounding chambers), and supporting shorter structural panels 138 (lateral divider panels) by insertion into notches 140 (slots) disposed in the long structural panel 136 (divider panels); the method comprising disposing a bottle 108 (article) in each bay 114 (article surrounding chamber), wherein said long structural panel 136 and shorter structural panels 138 (divider panels) have notches 140 for receiving the other of the long structural panel 136 (longitudinal divider panels) and shorter structural panels 138 (lateral divider panels) (see fig. 1, 3, 4, 8, 10-12).
Hall does not disclose supporting at least one thermal regulator element by insertion into a wide slot disposed in one or more of the divider panels.
Naukkarinen teaches a system 200 with first ice packs 101 (thermal regulator elements) having first-pack slits 141 and a second ice packs 102 (thermal regulator elements) having second-pack slits 142, wherein the first-pack slits 141 are configured to receive portions of the second ice packs 102 (thermal regulator elements) and the second-pack slits 142 are configured to receive portions of the first ice packs 101 (thermal regulator elements) to form a plurality of spaces 18 each configured to receive a container 310 (see fig. 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) and to have modified the outer notches 140 of the long structural panel 136 (longitudinal divider panels) to be first-pack slits 141 (wide slots) to receive the second ice packs 102 (thermal regulator elements), as taught by Naukkarinen, in order to cool held packaging bottles 108 (articles) to extend their shelf life. Modifying only the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) is further evidenced by Gilligan (US 20230159255) which discloses that it was well known before the effective filing date of the invention to have provided thermo packs 2308, 2310 only between outer rows 2312, 2314 and inner rows 2316, 2318 of beverage containers (see fig. 23).
The combination results in the method step of supporting at least one second ice pack 102 (thermal regulator element) by insertion into a first-pack slit 141 (wide slot) disposed in the long structural panels 136 (divider panels).
Claim 14: The combination discloses wherein the bottles 108 (articles) comprise liquid containing bottles 2 (see disclosure of wine bottles C. 5 L. 51).
Claim 16: The combination discloses wherein the long structural panels 136 (longitudinal divider panels) and central shorter structural panel 138 (lateral divider panel) each include further include at least one notch 140 (narrow slot) disposed therein to support an intersecting long structural panel 136 or central shorter structural panel 138 (intersecting divider panel); and wherein said second ice packs 102 (thermal regulator elements) define at least a portion of each said bay 114 (article surrounding chamber) (see fig. 3 & 11-12).
Claim(s) 4, 5, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 8844718) and Naukkarinen (US 20190177071) evidenced by Gilligan (US 20230159255) as applied to claim 3 above, and further evidenced by Xu (US 20200189789).
Claim 4: The combination discloses wherein the notches 140 (narrow slots) extend for approximately half the height of the long structural panels 136 (longitudinal divider panels) and central shorter structural panel 138 (lateral divider panel), and the first-pack slits 141 (wide slots) extend for approximately half the height of the long structural panels 136 (longitudinal divider panels) (see fig. 11-12).
The combination does not disclose wherein each of the at least one narrow slot is vertically shorter than the wide slot.
When forming slits for engaging crossing flush partitions of identical height whose slot bottoms engage there are three identified, predictable solutions. One being the slit of each partition being half the height of the partitions, the second being the upper partitions slot being greater than half the height of the partitions with the lower partitions slot being inverse in height to the upper partitions slot and therefore less than half the height of the partitions, and the third being lower partitions slot being greater than half the height of the partitions with the upper partitions slot being inverse in height to the lower partitions slot and therefore less than half the height of the partitions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first-pack slits 141 (wide slots) to extend greater than half the height of the long structural panels 136 (longitudinal divider panels) and to have modified the second-pack slits 142 of the second ice packs 102 (thermal regulator elements) to extend the inverse distance of the first-pack slits 141 (wide slots) resulting in an extension less than half the height of the second ice packs 102 (thermal regulator elements), as it would have been obvious to try the second identified predictable solution with a reasonable expectation of success. This is further evidenced by Xu which teaches a compartment system 100 having one or more transverse wall 108 and one or more axial divider walls 116, wherein the one or more axial divider walls 116 have a middle slot 122 configured to engage with a slot 114 of the one or more transverse wall 108, wherein the middle slot 122 extends for greater than half the height of the one or more transverse wall 108 and one or more axial divider walls 116 and the slot 114 extends for an inverse distance to that of the middle slot 122 which is less than half the height of the one or more transverse wall 108 and one or more axial divider walls 116 (see fig. 1, 4, and 5).
Claim 5: The combination discloses wherein said second ice packs 102 (thermal regulator elements) define at least a portion of each of said bays 114 (article surrounding chambers) (see fig. 3 ‘718 and fig. 3 ‘071).
Claim 21: The combination discloses wherein the at least one notch 140 (narrow slot) is disposed in both of the long structural panels 136 (longitudinal divider panels) and the central shorter structural panel 138 (lateral divider panel) and the first-pack slits 141 (wide slots) are disposed only in the long structural panels 136 (longitudinal divider panels).
Response to Arguments
The drawing objections in paragraphs 4 and 6 of office action dated 18 March 2026 are withdrawn in light of the amendment filed 18 June 2026.
The specification objections in paragraph 8 of office action dated 18 March 2026 are withdrawn in light of the amendment filed 18 June 2026.
The claim objections in paragraphs 18-22 of office action dated 18 March 2026 are withdrawn in light of the amendment filed 18 June 2026.
The 35 U.S.C. § 112 rejections in paragraphs 23-37 of office action dated 18 March 2026 are withdrawn in light of the amendment filed 18 June 2026.
In response to applicant’s argument that the replacement sheets each include the abbreviation “FIG.”, the Examiner replies that the replacement sheets include “Fig.” and not “FIG.”.
In response to applicant’s argument that a person skilled in the art of packaging would not be motivated to arrive at the combination of both cardboard divider panels and a thermal regulation element which is supported by slots in the cardboard divider panels as presumably the skilled artisan would install the entire ice pack grid, as disclosed in Naukkarinen, between the bottom tray and the top tray of Hall and there is no identified reason that would deter him from such a combination, the Examiner replies that it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) and to have modified the outer notches 140 of the long structural panel 136 (longitudinal divider panels) to be wider to receive the second ice packs 102 (thermal regulator elements), as taught by Naukkarinen, in order to cool held packaging bottles 108 (articles) to extend their shelf life. Modifying only the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) is further evidenced by Gilligan (US 20230159255) which discloses that it was well known before the effective filing date of the invention to have provided thermo packs 2308, 2310 only between outer rows 2312, 2314 and inner rows 2316, 2318 of beverage containers (see fig. 23). Additionally, the Examiner responds that multiple possible solutions may exist which does not render another nonobvious.
In response to applicant’s argument that there is no teaching, suggestion, or motivation why the skilled person would combine the divider assembly comprised of cardboard panels with thermal regulation elements which are supported by the cardboard divider panels of the divider assembly, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the two outer shorter structural panels 138 (lateral divider panels) to be second ice packs 102 (thermal regulator elements) and to have modified the outer notches 140 of the long structural panel 136 (longitudinal divider panels) to be wider to receive the second ice packs 102 (thermal regulator elements), as taught by Naukkarinen, in order to cool held packaging bottles 108 (articles) to extend their shelf life.
In response to applicant’s argument that if the entire divider assembly were to be replaced with the ice packs disclosed in Naukkarinen which form a complete grid and are intended to thoroughly surround the products the liquids contained therein may freeze and such a result is unacceptable when transporting wine bottles, the Examiner replies that this argument is not commensurate in scope with the rejection at hand which does not make such a modification.
In response to applicant’s argument that neither Hall or Naukkarinen disclose or suggest the inclusion of wide and narrow slots for the distinct purpose of supporting one of the divider panels or the thermal regulation element, the Examiner replies that this argument is a piecemeal analysis of the references. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s argument that the references would never suggest to a person of skill in the art an arrangement of wide slots located only in the longitudinal divider panels while the narrow slots are located in both wide and narrow panels, the Examiner replies that the combination results in the claimed arrangement of wide and narrow slots due to the arrangement of narrower cardboard long structural panel 136 and shorter structural panels 138 (longitudinal divider panels & lateral divider panels) and wider second ice packs 102 (thermal regulator elements).
Applicant’s arguments, see second full paragraph of page 12, filed 18 June 2026, with respect to the rejection(s) of claim(s) 4 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hall (US 8844718) and Naukkarinen (US 20190177071) evidenced by Gilligan (US 20230159255) as applied to claim 3 above, and further evidenced by Xu (US 20200189789).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230091646 and US 11261015 are considered pertinent to thermal regulation elements and US 20130313145, US 20200109888, and US 20210018244 are considered pertinent to thermal regulation element dividers.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
Prosecution Insights