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 .
Status of the Claims
This is in response to a letter for a patent filed 16 May 2025 in which claims 1-26 were presented for examination.
Information Disclosure Statement
The information disclosure statement (IDSs) submitted on 07/28/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the Examiner. A copy of the PTO-1449 is attached hereto.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-26 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more.
Step 1
Claims 1-15 are directed to a method are directed to a method (i.e., a process); Claims 16-25 are directed to a method are directed to a method (i.e., a process); and Claim 26 is directed to a system (i.e., a machine). Therefore, Claims 1-26 all fall within the one of the four statutory categories of invention.
Step 2A Prong 1
Independent claim 1 substantially recites:
(a) selecting a first passive thermal shipping system, the first passive thermal shipping system comprising an insulated container adapted to hold the temperature-sensitive materials;
(b) compiling thermal capacitance data for the first passive thermal shipping system, the thermal capacitance data being obtained at a plurality of temperatures spanning a range of potential ambient temperatures to which the first passive thermal shipping system may be subjected during a duration of storage and/or transport;
(c) obtaining forecasted ambient temperatures to which the first passive thermal shipping system will be subjected during the duration of storage and/or transport, the forecasted ambient temperatures being spaced apart at time intervals throughout the duration of storage and/or transport;
(d) determining a failure time for the first passive thermal shipping system, wherein said failure time is a first occurrence of cumulative absorbed energy for the first passive thermal shipping system exceeding thermal capacitance for the first passive thermal shipping system;
(e)comparing the failure time for the first passive thermal shipping system to the duration of storage and/or transport, whereby, if the failure time is at least the duration of storage and/or transport, the first passive thermal shipping system is adequate for use, and, if the failure time is less than the duration of storage and/or transportation, the first passive thermal shipping system is inadequate for use;
(f) if the first passive thermal shipping system is inadequate for use, repeating steps (b), (d), and (c), as well as step (c) if a different transport/delivery route is to be taken than that of the first passive thermal shipping system, for one or more additional passive thermal shipping systems until an adequate passive thermal shipping system is identified; and
(g) storing and/or transporting the temperature-sensitive materials using the adequate passive thermal shipping system.
Independent claim 16 substantially recites:
(a) compiling thermal capacitance data for the passive thermal shipping system, the thermal capacitance data being obtained at a plurality of temperatures spanning a range of potential ambient temperatures to which the passive thermal shipping system may be subjected during use;
(b) obtaining forecasted ambient temperatures to which the passive thermal shipping system will be subjected during use, the forecasted ambient temperatures being spaced apart at time intervals throughout the duration of use;
(c) determining a failure time for the passive thermal shipping system, wherein said failure time is a first occurrence of cumulative absorbed energy for the passive thermal shipping system exceeding thermal capacitance for the passive thermal shipping system; and
(d) comparing the failure time for the passive thermal shipping system to the duration of use, whereby, if the failure time is at least the duration of use, the passive thermal shipping system is adequate for use, and, if the failure time is less than the duration of use, the passive thermal shipping system is inadequate for use.
Independent claim 20 substantially recites:
(c) retrieves data relating to an intended shipment travel path based on the shipment origin, the shipment destination, and the selected passive thermal shipping system;
(d) retrieves thermal capacitance data from one or more temperature sweep tables;
(e) retrieves one or more reference temperatures, a rolling average period, and weight factors for use in determining an effective ambient temperature from one or more system variable tables;
(f) retrieves forecasted ambient temperature data relating to the intended shipment travel path;
(g) calculates an effective ambient temperature at a plurality of time intervals along the intended shipment travel path;
(h) determines a thermal capacitance at a plurality of time intervals along the intended shipment path; and
(i) determines a failure time for the selected passive thermal shipping system, wherein said failure time is a first occurrence of cumulative absorbed energy for the selected passive thermal shipping system exceeding thermal capacitance for the selected passive thermal shipping system, wherein thermal capacitance is based on the effective ambient temperature.
As per independent claims 1, 16, and 26, the limitations as a whole recite a method or organizing human activity. The aforementioned limitations as drafted, are processes that, under their broadest reasonable interpretation, may be interpreted as at least a “Mental Process” (concepts performed in the human mind) which includes observations, evaluations, judgments, and opinions and/or “Managing Personal Behavior or Relationships or Interactions Between People” which includes social activities, teaching, and following rules or instructions and/or “Commercial Interactions” which includes agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations.
Step 2A Prong 2
This judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements: “a first passive thermal shipping system” to perform the “selecting,” “compiling,” obtaining,” “determining,” “comparing,” “repeating,” and “storing and/or transporting” steps; claim 16 recites the additional elements: “a passive thermal shipping system” to perform the “compiling,” obtaining,” “determining,” and “comparing” steps; and claim 26 recites the additional elements: “a system,” “a passive thermal shipping system,” “a shipper evaluator,” “a central controller,” “a compute device,” and “a selected passive thermal shipping system” to perform the “retrieve,” “retrieves,” “retrieve,” “retrieves,” “calculates,” and “determines” steps. The claimed computer components in the steps of claims 1, 16, and 26 are recited at a high-level of generality and are merely invoked as a tool to perform the abstract idea (i.e., “a first passive thermal shipping system” in claim 1 performing generic computer functions of “selecting,” “compiling,” obtaining,” “determining,” “comparing,” “repeating,” and “storing and/or transporting”; “a first passive thermal shipping system” in claim 16 performing generic computer functions of “compiling,” obtaining,” “determining,” and “comparing” steps; and “a system,” “a passive thermal shipping system,” “a shipper evaluator,” “a central controller,” “a compute device,” and “a selected passive thermal shipping system” in claim 26 performing generic computer functions of “retrieve,” “retrieves,” “retrieve,” “retrieves,” “calculates,” and “determines”) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Each of the additional limitations is no more than mere instructions to apply the exception using the generic computer components (i.e. “a first passive thermal shipping system” in claim 1; “a first passive thermal shipping system” in claim 16; and “a system,” “a passive thermal shipping system,” “a shipper evaluator,” “a central controller,” “a compute device,” and “a selected passive thermal shipping system” in claim 26). The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component (i.e., “a first passive thermal shipping system” in claim 1; “a first passive thermal shipping system” in claim 16; and “a system,” “a passive thermal shipping system,” “a shipper evaluator,” “a central controller,” “a compute device,” and “a selected passive thermal shipping system” in claim 26). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claims are not patent eligible.
Further, in regards to the “central controller” the “retrieves,” “retrieves,” “retrieves,” and “retrieves” limitation in claim 26 are just mere data gathering. Also the “obtaining” limitations in claims 1 and 16 are just mere data gathering, and also are characterized as transmitting or receiving data over a network and insignificant post-solution activity and are also recited at a high level or generality, and merely automates the receive and acquire steps.
Step 2B
The independent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using the (“first passive thermal shipping system” in claim 1 to perform the “selecting,” “compiling,” obtaining,” “determining,” “comparing,” “repeating,” and “storing and/or transporting” steps; “passive thermal shipping system” in claim 16 to perform the “compiling,” obtaining,” “determining,” and “comparing” steps; and “system,” “passive thermal shipping system,” “shipper evaluator,” “central controller,” “compute device,” and “selected passive thermal shipping system” to perform the “retrieve,” “retrieves,” “retrieve,” “retrieves,” “calculates,” and “determines” steps amount to no more than mere instructions to apply the exception using a generic computer component. Thus, even when viewed as a whole, nothing in the claims add significantly more (i.e. inventive concept) to the abstract idea. The claims are patent ineligible.
As per dependent claims 2 and 17, the recitation “at least one passive temperature-control member” and “a packaged passive temperature-control member”” are other computer components recited at a high-level of generality and is merely invoked as a tool to perform the abstract idea. Similar to claims 2 and 17, the recitation does not provide a practical application of the abstract idea, or significantly more than the abstract idea.
As per dependent claims 3 and 18, the recitation, “obtained by determining the failure time for the first passive thermal shipping system at each of the plurality of temperatures spanning the range of potential ambient temperatures…” is further directed to a method of organizing human activity as described in claims 1 and 16, respectively. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
As per dependent claims 4-10, 14-15, and 19-23, the limitation merely narrow the previously recited abstract idea limitations. Dependent claims 4 and 19 recite the thermal capacitance of step (c) is determined at an effective temperature and wherein the effective temperature is a 6 weighted average of the forecasted ambient temperature, a rolling average of the forecasted ambient temperature, and a cumulative average of the forecasted ambient temperature. Dependent claims 5 and 20 recite the effective temperature is calculated by the following equation…”. Dependent claims 6 and 21 recite the cumulative absorbed energy is calculated by the following equation. Dependent claims 7 and 22 recite the failure time is determined by calculating the cumulative absorbed energy at a first time interval…”. Dependent claims 8 and 23 recite the failure time is determined by calculating each of the cumulative absorbed energy and the thermal capacitance at each time interval. Dependent claim 9 recites the thermal capacitance data includes a series of intermediate thermal capacitances. Dependent claim 10 recites a reference temperature changes over time. Dependent claim 14 recites step (a) is performed before step (b). Dependent claim 15 recites step (b) is performed before step (a). For the reasons described above with respect to claims 4-10, 14-15, and 19-23, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
As per dependent claim 11, the recitation “a computer” is another computer components recited at a high-level of generality and is merely invoked as a tool to perform the abstract idea. Similar to claim 1, the recitation does not provide a practical application of the abstract idea, or significantly more than the abstract idea.
As per dependent claim 12, the recitation, “notifying a user…” is further directed to a method of organizing human activity” as described in claim 1. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
As per dependent claim 13, the recitations, “pre-conditioning the at least one passive temperature-control member, assembling the adequate passive thermal shipping system, and loading the payload…” is further directed to a method of organizing human activity as described in claim 1. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Dependent Claims 2-15 and 17-25 have been given the full two part analysis including analyzing the additional limitations both individually and in combination. Dependent Claims 2-15 and 17-25, when analyzed individually, and in combination, are also held to be patent ineligible under 35 U.S.C. 101. The dependent claims fail to establish that the claims do not recite an abstract idea because the additional recited limitations of the dependent claims merely further narrow the abstract idea of the independent claims. The dependent claims recite no additional elements that would integrate the judicial exception into a practical application or amount to significantly more than the judicial exception. Simply implementing the abstract idea on generic computer components is not a practical application of the judicial exception and does not amount to significantly more than the judicial exception. The claims are not patent eligible.
Prior Art Discussion
As per claim 1, the best prior art, Foreign prior art, and NPL prior art:
1) Reinhardt (US PG Pub. 2024/0362573 A1) discloses a temperature-responsive packaging for drug shipping
2) Bell et al. (US PG Pub. 2024/0003598 A1) discloses containers for transport and storage of temperature sensitive contents using solid state heat pumps
3) Aghassipour (WO 2008030575 A2) discloses a system and method for optimization of an analysis of insulated systems
4) Vukašin Pajić et al. “Enhancing Cold Chain Logistics: A Framework for Advanced Temperature Monitoring in Transportation and Storage”; 22 January 2024, Mechatronics and Intelligent Transportation Systems 3(1):16-30 discloses regulating temperature conditions during the air, land, or water transportation of goods can be achieved through the employment of either active or passive shipping systems. Crucial components for executing temperature-controlled transport encompass both active and passive systems, within which products are placed during transit, along with monitoring devices employed to record and oversee temperature conditions within the aforementioned systems.
However, Reinhardt , Bell et al., Aghassipour and Vukašin Pajić et al. fails to disclose or fairly teach:
(b) compiling thermal capacitance data for the first passive thermal shipping system, the thermal capacitance data being obtained at a plurality of temperatures spanning a range of potential ambient temperatures to which the first passive thermal shipping system may be subjected during a duration of storage and/or transport;
(c) obtaining forecasted ambient temperatures to which the first passive thermal shipping system will be subjected during the duration of storage and/or transport, the forecasted ambient temperatures being spaced apart at time intervals throughout the duration of storage and/or transport;
(e) comparing the failure time for the first passive thermal shipping system to the duration of storage and/or transport, whereby, if the failure time is at least the duration of storage and/or transport, the first passive thermal shipping system is adequate for use, and, if the failure time is less than the duration of storage and/or transportation, the first passive thermal shipping system is inadequate for use;
(f) if the first passive thermal shipping system is inadequate for use, repeating steps (b), (d), and (e), as well as step (c) if a different transport/delivery route is to be taken than that of the first passive thermal shipping system, for one or more additional passive thermal shipping systems until an adequate passive thermal shipping system is identified
As per claim 16, the best prior art, Foreign prior art, and NPL prior art:
1) Reinhardt (US PG Pub. 2024/0362573 A1) discloses a temperature-responsive packaging for drug shipping;
2) Bell et al. (US PG Pub. 2024/0003598 A1) discloses containers for transport and storage of temperature sensitive contents using solid state heat pumps
3) Aghassipour (WO 2008030575 A2) discloses a system and method for optimization of an analysis of insulated systems
4) Vukašin Pajić et al. “Enhancing Cold Chain Logistics: A Framework for Advanced Temperature Monitoring in Transportation and Storage”; 22 January 2024, Mechatronics and Intelligent Transportation Systems 3(1):16-30 discloses regulating temperature conditions during the air, land, or water transportation of goods can be achieved through the employment of either active or passive shipping systems. Crucial components for executing temperature-controlled transport encompass both active and passive systems, within which products are placed during transit, along with monitoring devices employed to record and oversee temperature conditions within the aforementioned systems.
However, Reinhardt , Bell et al., Aghassipour and Vukašin Pajić et al. fails to disclose or fairly teach:
(a) compiling thermal capacitance data for the passive thermal shipping system, the thermal capacitance data being obtained at a plurality of temperatures spanning a range of potential ambient temperatures to which the passive thermal shipping system may be subjected during use;
(b) obtaining forecasted ambient temperatures to which the passive thermal shipping system will be subjected during use, the forecasted ambient temperatures being spaced apart at time intervals throughout the duration of use;
(c) determining a failure time for the passive thermal shipping system, wherein said failure time is a first occurrence of cumulative absorbed energy for the passive thermal shipping system exceeding thermal capacitance for the passive thermal shipping system; and
(d) comparing the failure time for the passive thermal shipping system to the duration of use, whereby, if the failure time is at least the duration of use, the passive thermal shipping system is adequate for use, and, if the failure time is less than the duration of use, the passive thermal shipping system is inadequate for use.
As per claim 26, the best prior art, Foreign prior art, and NPL prior art:
1) Reinhardt (US PG Pub. 2024/0362573 A1) discloses a temperature-responsive packaging for drug shipping
2) Bell et al. (US PG Pub. 2024/0003598 A1) discloses containers for transport and storage of temperature sensitive contents using solid state heat pumps
3) Aghassipour (WO 2008030575 A2) discloses a system and method for optimization of an analysis of insulated systems
4) Vukašin Pajić et al. “Enhancing Cold Chain Logistics: A Framework for Advanced Temperature Monitoring in Transportation and Storage”; 22 January 2024, Mechatronics and Intelligent Transportation Systems 3(1):16-30 discloses regulating temperature conditions during the air, land, or water transportation of goods can be achieved through the employment of either active or passive shipping systems. Crucial components for executing temperature-controlled transport encompass both active and passive systems, within which products are placed during transit, along with monitoring devices employed to record and oversee temperature conditions within the aforementioned systems
However, Reinhardt , Bell et al., Aghassipour and Vukašin Pajić et al. fails to disclose or fairly teach:
(d) wherein the central controller retrieves thermal capacitance data from one or more temperature sweep tables;
(e) wherein the central controller retrieves one or more reference temperatures, a rolling average period, and weight factors for use in determining an effective ambient temperature from one or more system variable tables;
(f) wherein the central controller retrieves forecasted ambient temperature data relating to the intended shipment travel path;
(g) wherein the central controller calculates an effective ambient temperature at a plurality of time intervals along the intended shipment travel path;
(h) wherein the central controller determines a thermal capacitance at a plurality of time intervals along the intended shipment path; and
(i) wherein the central controller determines a failure time for the selected passive thermal shipping system, wherein said failure time is a first occurrence of cumulative absorbed energy for the selected passive thermal shipping system exceeding thermal capacitance for the selected passive thermal shipping system, wherein thermal capacitance is based on the effective ambient temperature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) “Active and Passive Shipping Systems and Transport Equipment”; 15.02.2022; 7 pages
2) Lister, Andrew, “How To Protect Your Temperature Sensitive Shipments [PHARMA], August 22, 2017, Expeditors, 12 pages
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/F.A.N/Examiner, Art Unit 3628
/SHANNON S CAMPBELL/Supervisory Patent Examiner, Art Unit 3628