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 § 112
1. 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 and 3-5, 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 pre-AIA the applicant regards as the invention.
Claim 1, calls for the limitation of "in such a manner" in line 20. It is unclear what constitutes the “manner”.
Claims 3-5 are rejected based on dependency from rejected claim 1.
Claim Rejections - 35 USC § 103
2. 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 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 of this title, 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.
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.
Claim 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi et al. (U.S. PG Pub No.: 2007/0101755 A1), hereinafter referred to as Kikuchi et al. ‘755, in view of SUZUKI et al (English Translated Japanese Patent No.: 2009162464 A), hereinafter referred to as Jalali ‘878.
Regarding claim 1, Kikuchi et al ‘755 disclose a reefer container (600) configured to allow cooling of an internal gas corresponding to a gas inside a container body (640), comprising: the container body; a circulation line (CL) having a suction port (SP) and a blowout port (BP) each provided inside the container body {as shown in annotated Fig. 7: ¶¶ [0085] and [0087]}; a compressor (C) provided in the circulation line and configured to compress a circulating gas corresponding to the gas suctioned into the circulation line from inside the container body through the suction port {as shown in annotated Fig.7: ¶ [0068]}; a heat exchanger (620) provided in the circulation line and configured to cool the circulating gas compressed by the compressor {as shown in annotated Fig.7: ¶¶ [0087] and [0090]}; an expander (E) provided in the circulation line and configured to expand the circulating gas cooled by the heat exchanger {as shown in annotated Fig.7: ¶¶ [0068] and [0090]}.
However, Kikuchi et al ‘755 fail to disclose a warmed gas introduction line for extracting the circulating gas higher in temperature than the internal gas from between the compressor and the heat exchanger in the circulation line and guiding the extracted circulating gas to the container body, wherein the circulation line and the warmed gas introduction line are arranged in an external space external to the container body and along a partition wall separating an internal space in the container body and the external space, and in a directional view vertical to an external surface of the partition wall facing the external space, the warmed gas introduction line is arranged as not to intersect a cooled gas line connecting the heat exchanger and the expander in the circulation line to each other.
SUZUKI et al ‘464 teach: the concept of a warmed gas introduction line (21/23) for extracting the circulating gas higher in temperature than the internal gas from between the compressor and the heat exchanger in the circulation line and guiding the extracted circulating gas to the container body {as shown in Figs. 1 and 4: ¶ [0023]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Kikuchi et al ‘755 in view of SUZUKI et al ‘464 to include the use of a warmed gas introduction line capable for extracting the circulating gas higher in temperature than the internal gas from between the compressor and the heat exchanger in the circulation line and guiding the extracted circulating gas to the container body, wherein the circulation line and the warmed gas introduction line are arranged in an external space external to the container body and along a partition wall separating an internal space in the container body and the external space, and in a directional view vertical to an external surface of the partition wall facing the external space, the warmed gas introduction line is arranged as not to intersect a cooled gas line connecting the heat exchanger and the expander in the circulation line to each other, in order to facilitate extraction of the recirculating gas at a higher temperature that the in-container gas from the circulating line between the compressor and the heat exchanger, and guiding the extracted recirculating gas into the container body.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the Kikuchi et al ‘755 in view of SUZUKI et al ‘464 to obtain the invention as specified in claim 1.
Regarding claim 3, the combination of Kikuchi et al ‘755 and SUZUKI et al ‘464 disclose and teach the reefer container according to claim 1, Kikuchi et al ‘755 further disclose comprising: a cooler (620) provided downstream from the compressor and upstream from the heat exchanger in the circulation line and configured to exchange heat between the circulating gas and a coolant (F), wherein an upstream end of the warmed gas introduction line is connected between the cooler and the compressor in the circulation line {as shown in Fig. 7: ¶¶ [0087]}.
Regarding claim 4, the combination of Kikuchi et al ‘755 and SUZUKI et al ‘464 disclose and teach the reefer container according to claim l, Kikuchi et al ‘755 as modified by SUZUKI et al ‘464 teach further comprising: at least one warmed gas flow controller (22/24) provided in the warmed gas introduction line and configured to allow control of the flow rate of the gas flowing through the warmed gas introduction line {as shown in Figs. 1 and 4: ¶¶ [0023-0024]}.
Regarding claim 5, the combination of Kikuchi et al ‘755 and SUZUKI et al ‘464 disclose and teach the reefer container according to claim 4, Kikuchi et al ‘755 as modified by SUZUKI et al ‘464 teach wherein the at least one warmed gas flow controller includes: a first warmed gas flow controller (22) provided in the warmed gas introduction line; and a second warmed gas flow controller (24) provided downstream from the first warmed gas flow controller in the warmed gas introduction line {as shown in Figs. 1 and 4: ¶¶ [0023-0024]}.
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Allowable Subject Matter
3. Claims 2 and 6 are allowed.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20070101756-A1 to Okuda; Seiichi.
JP-3824757- B2 to SU, KATO SATOSHI.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 8:00 AM to 4:00 PM Monday thru Friday; 8:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571)272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
08/08/2026
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