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 Objections
Claim 12 is objected to because of the following informalities:
In line 1, “the length” should be --a length--, and
In line 2, “and” should be --end--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-4 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitchell (US 6,223,551 B1).
Regarding claim 1, Mitchell teaches a shipping package comprising:
an envelope (1/12) including a closed end and a closeable end (FIG. 1, 2, 6-8);
a thermally insulative sheet (13) that is folded and disposed within the envelope, wherein a bend of the thermally insulative sheet is positioned at the closed end of the envelope (FIG. 10); and
a pair of phase-change material mats (FIG. 3, 4) positioned within a space between opposing legs of the thermally insulative sheet (FIG. 8-11), wherein a product to be shipped is positionable between the pair of phase-change material mats (column 4 line 33-column 5 line 47 and FIG. 1-11).
Regarding claim 2, Mitchell teaches the shipping package of claim 1, wherein the thermally insulative sheet has resiliency and the envelope is sized with respect to the thermally insulative sheet to cooperate with the resiliency to shape the envelope (column 4 line 33-column 5 line 47 and FIG. 1, 3, 4, 6-11).
Regarding claim 3, Mitchell teaches the shipping package of claim 1, wherein the thermally insulative sheet has resiliency and the envelope is sized with respect to the thermally insulative sheet to cooperate with the resiliency to bring side edges at the legs of the thermally insulated sheet close together (column 4 line 33-column 5 line 47 and FIG. 1, 3, 4, 6-11).
Regarding claim 4, Mitchell teaches the shipping package of claim 1 above, wherein the phase-change material mat is composed of recyclable material (column 4 lines 45-56, plastic is a recyclable material).
Regarding claim 11, Mitchell teaches a shipping package comprising:
an envelope (1/12) including a closed end and a closeable end (FIG. 1, 2, 6-8);
a thermally insulative sheet (13) that is disposed within the envelope adjacent the thermally insulative sheet (FIG. 10); and
a phase-change material mat (FIG. 3, 4, 12, 14, 17, 21, 22) positioned within the envelope (FIG. 8-11, 17), wherein a product to be shipped is positionable adjacent the phase-change material mat;
wherein the phase-change material mat is divided into cells of phase-change material (FIG. 3, 4, 8, 12, 14, 17, 21, 22) (column 4 line 33-column 6 line 21 and FIG. 1-23).
Regarding claim 12, Mitchell teaches the shipping package of claim 11 above, wherein the cells run a length of the phase-change material mat from the closed end to the closeable end of the envelope (Fig. 3, 4, 8, 12, 13, 17, 21, 22).
Regarding claim 13, Mitchell teaches the shipping package of claim 11 above, wherein the cells are arranged in a grid (FIG. 3, 4).
Regarding claim 14, Mitchell teaches the shipping package of claim 11 above, wherein the phase-change material mat is composed of recyclable material (column 4 lines 45-56, plastic is a recyclable material).
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.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell, as applied to claims 1 and 11 above, in view of Shanmugavelayudam et al. (US 2021/0379579 A1, hereinafter Shanmugavelayudam).
Regarding claims 5 and 15, Mitchell teaches the shipping package of claims 1 and 11 above, but fails to teach the thermally insulative sheet being made of cellulose, open-cell polyurethan, rubber, foam rubber, cotton, hemp or a combination of such. Shanmugavelayudam teaches an analogous container having a thermally insulative layer (16). Shanmugavelayudam further teaches that polymeric foams, chemically inert fiber layers and air bubble layers, such as polyethylene foam, polyurethane foam, PET fiber batting, bubble wrap, etc., are common and well-known alternative materials for providing a container with a thermally insulative layer (paragraphs 62, 63).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Mitchell by alternatively providing the thermally insulative sheet made of cellulose, open-cell polyurethan, rub, foam rubber, cotton, hemp or a combination of such, as taught or suggested by Shanmugavelayudam, as the substitution of one known thermally insulative material for an alternative known thermally insulative material to achieve the equivalent result of providing the shipping package with a thermally insulative sheet would have been obvious and would have yielded predictable results to one having ordinary skill in the art.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell in view of Schneider (US 4,505,310 A).
Regarding claims 6-8, Mitchell teaches a shipping package comprising:
an envelope (1/12) including a closed end and a closeable end (FIG. 1, 2, 6-8, 13, 15-20, 23);
a thermally insulative sheet (13) that is disposed within the envelope (FIG. 10); and
a phase-change material mat (FIG. 3, 4) positioned within the envelope adjacent the thermally insulative sheet (FIG. 8-11), wherein a product to be shipped is positionable adjacent the phase-change material mat (column 4 line 33-column 6 line 21 and FIG. 1-23).
Mitchell fails to teach the envelope and the phase-change material mat including a color indicator of a season that is compatible with the phase-change material mat. Schneider teaches a protective insulated sheath and further teaches that it is known and desirable in the prior art to provide the sheath with a color indicator for indicating conditions with which the sheath is intended for use, such as blue for cold weather, green for humid weather, and the like (column 7 lines 50-60).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to apply the fundamental teaching of Schneider to the package of Mitchell, such that the envelope and the phase-change material mat include a color indicator that is compatible with the phase-change material mat, in order to effectively and easily indicate to a user conditions and/or seasons with which the package is intended to be used.
Regarding claim 9, Mitchell as modified by Schneider teaches the shipping package of claim 6 above, wherein the phase-change material mat is composed of recyclable material (Mitchell: column 4 lines 45-56, plastic is a recyclable material).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mitchell in view of Schneider, as applied to claim 6 above, and further in view of Shanmugavelayudam.
Regarding claim 10, Mitchell teaches the shipping package of claim 6 above, but fails to teach the thermally insulative sheet being made of cellulose, open-cell polyurethan, rubber, foam rubber, cotton, hemp or a combination of such. Shanmugavelayudam teaches an analogous container having a thermally insulative layer (16). Shanmugavelayudam further teaches that polymeric foams, chemically inert fiber layers and air bubble layers, such as polyethylene foam, polyurethane foam, PET fiber batting, bubble wrap, etc., are common and well-known alternative materials for providing a container with a thermally insulative layer (paragraphs 62, 63).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Mitchell by alternatively providing the thermally insulative sheet made of cellulose, open-cell polyurethan, rub, foam rubber, cotton, hemp or a combination of such, as taught or suggested by Shanmugavelayudam, as the substitution of one known thermally insulative material for an alternative known thermally insulative material to achieve the equivalent result of providing the shipping package with a thermally insulative sheet would have been obvious and would have yielded predictable results to one having ordinary skill in the art.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell in view of Santangelo (US 5,950,916 A).
Regarding claim 16, Mitchell teaches a shipping package comprising:
an envelope (1/12) including a closed end and a closeable end (FIG. 1, 2, 6-8, 13, 15-20, 23);
a thermally insulative sheet (13) that is disposed within the envelope adjacent the thermally insulative sheet (FIG. 10); and
a phase-change material mat (FIG. 3, 4) positioned within the envelope (FIG. 8-11), wherein a product to be shipped is positionable adjacent the phase-change material mat (column 4 line 33-column 6 line 21 and FIG. 1-23).
Mitchell fails to teach the envelope comprising multiple closures that are serially arranged at the closeable end to provide for reuse of the shipping package. Santangelo teaches an a shipping package comprising an envelope including a closed end and a closeable end (FIG. 1). Santangelo further teaches that it is known and desirable in the prior art to configure the envelope with multiple closures (20) that are serially arranged at the closeable end to provide for repeated reuse of the shipping package and to provide an indication that the envelope has been opened (column 2 line 55-column 4 line 43 and FIG. 1).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Mitchell by alternatively providing multiple closures that are serially arranged at the closeable end, as taught by Santangelo, to provide for repeated reuse of the shipping package and to provide an indication that the envelope has been opened.
Regarding claim 17, Mitchell as modified by Santangelo teaches the shipping package of claim 16 above, wherein the multiple closures include: a first closure that is removeable from the envelope to open the closeable end; and a second closure that is useable in the same manner as the first closure after the first closure is removed (Santangelo: column 2 line 55-column 4 line 43 and FIG. 1, 3, 4).
Regarding claim 18, Mitchell as modified by Santangelo teaches the shipping package of claim 16 above, wherein the phase-change material mat is composed of recyclable material (Mitchell: column 4 lines 45-56, plastic is a recyclable material).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Mitchell in view of Santangelo, as applied to claim 16 above, and further in view of Shanmugavelayudam.
Regarding claim 19, Mitchell teaches the shipping package of claim 16 above, but fails to teach the thermally insulative sheet being made of cellulose, open-cell polyurethan, rubber, foam rubber, cotton, hemp or a combination of such. Shanmugavelayudam teaches an analogous container having a thermally insulative layer (16). Shanmugavelayudam further teaches that polymeric foams, chemically inert fiber layers and air bubble layers, such as polyethylene foam, polyurethane foam, PET fiber batting, bubble wrap, etc., are common and well-known alternative materials for providing a container with a thermally insulative layer (paragraphs 62, 63).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Mitchell by alternatively providing the thermally insulative sheet made of cellulose, open-cell polyurethan, rub, foam rubber, cotton, hemp or a combination of such, as taught or suggested by Shanmugavelayudam, as the substitution of one known thermally insulative material for an alternative known thermally insulative material to achieve the equivalent result of providing the shipping package with a thermally insulative sheet would have been obvious and would have yielded predictable results to one having ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
