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 § 102
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 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.
Claim(s) 1, 2, 10-13 and 16-20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Moghaddas et al. (US 2022/0002070) (Moghaddas).
Moghaddas discloses a shipping system as shown in Fig. 1-2 for use in transporting and/or storing temperature-sensitive materials, the shipping system comprising:(a) an insulation unit, the insulation unit comprising (i) a base (bottom vacuum insulated (VI) panel 53-1 and/or one side VI panel 53-2), the base comprising one or more base vacuum insulated panels configured to define a base cavity (25) bounded by a bottom wall (53-1), one or more side walls (53-2), and an open top; and (ii) a lid assembly (184), the lid assembly comprising a lid vacuum insulated panel (VI panel 181) and a lid support (comprising lid flap attached to VI panel 181 that is hinged and adjacent side wall of outer box 13), the lid support comprising a sheet folded (creased and folded at hinge) to comprise a first portion and a second portion, the first portion (adjacent side wall of the outer box 13) being secured to one of the one or more side walls of the base, the second portion Lid flap attached to VI panel 181) being secured to the lid vacuum insulated panel and being movable relative to the first portion between a first position (open position as shown in Fig. 1) in which the base cavity is open and a second position (closed position) in which the base cavity is closed by the lid assembly;(b) a product box (151), the product box removably disposed within the base cavity (25); and (c) one or more temperature-control members (161-1) removably disposed within the base cavity.
Re claim 2, further comprising an outer box, the outer box (protective container 191, protective container is a box with top flaps and bottom flaps hinged to sidewalls like box 151) comprising a box cavity bounded by at least one side wall, at least one bottom closure flap, and at least one top closure flap, and wherein the base and the lid assembly of the insulation unit are removably disposed within the box cavity of the outer box.
Re claim 10, the insulation unit further comprises a shock absorbance pad (bottom wall of support 61 made of corrugated cardboard will absorb shock forces, see paragraph [54]) and wherein the shock absorbance pad is positioned in the outer box below the base (below VI panels, see paragraph [54]).
Re claim 11, the first portion (adjacent side wall of the outer box 13) of the lid support is removably secured to the base (bottom VI panel 53-1 and one side VI panel 53-2) insofar as VI panels 53-1, 53-2 rests on the surfaces of the box they are removably connected.
Re claim 12, the one or more base vacuum insulated panels comprise a bottom vacuum insulated panel and four side vacuum insulated panels, the four side vacuum insulated panels being disposed on top of the bottom vacuum insulated panel.
Re claim 13, the base further comprises one or more binding members (binding straps 69-1 to 69-3, see Fig. 2) encircling the four side vacuum insulated panels.
Re claim 16, the base further comprises a base support (support 61), wherein the base support is shaped to comprise a central portion (bottom wall of 61) and four side portions (four side walls of 61), wherein the central portion is disposed under the bottom vacuum insulated panel 53-1, and wherein the four side portions are disposed between the four side vacuum insulated panels 53-2 to 53-5 and the one or more binding members 69-1 to 69-3.
Re claim 17, the base further comprises a plurality of corner boards 71-1 to 71-4, wherein the base support has a plurality of corners (corners of 61), and wherein one of the corner boards is positioned at each corner of the base support between the base support and the one or more binding members 69-1 to 69-3.
Re claim 18, the base further comprises a shock absorbance pad (liner support 87 absorbs shock) and wherein the shock absorbance pad is positioned between the bottom vacuum insulated panel and the base support.
Re claim 19, the base further comprises an inner shield (liner support 87 as shown in Fig. 2), wherein the inner shield is removably disposed in the base cavity, and wherein the product box and the one or more temperature-control members are removably disposed within a space defined by the inner shield.
Re claim 20, the first portion of the sheet and the second portion of the sheet are separated only by a single crease.
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.
Claim(s) 14-15 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moghaddas.
Re claims 14-15, Official notice is taken of elastic binding bands (claim 14) and stretch tape or stretchable sheet material (claim 15) for wrapping a package. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the binding members to be elastic bands (claim 14) as an easy to remove and less destructive binding than metal wire or tape which would require more effort and may leave scarring or residue or other damage to the packaging. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the binding members to be stretch tape (claim 15) as a difficult to remove binding member when compared to elastic bands that provides a better securement that will not slip due to the adhesive attachment.
Re claim 21, Official notice is taken of a pair of creases for separating two sheets when forming a hinged closure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the hinge to include a pair of creases as a means to reduce the stress of a single crease having to withstand the stress of the full rotation while a pair of creases can share approximately one-half the stress and one-half the full rotation and a pair of creases provides a fail-safe should one crease seize or bind preventing rotation.
Claim(s) 22 and 26-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wood et al. (US 2015/0166244) (Wood) in view of Moghaddas.
Wood discloses a shipping system (package) for use in transporting and/or storing temperature-sensitive materials, the shipping system comprising:(a) an insulation unit, the insulation unit comprising (i) a base (VI panels 12), the base comprising one or more base vacuum insulated panels 12 configured to define a base cavity bounded by a bottom wall (bottom VI panel 12), one or more side walls (side VVI panel 12), and an open top; and (ii) a lid assembly (lid 10 with top VI panel 12), the lid assembly being mounted on the base to selectively cover and uncover the base cavity, the lid assembly comprising (A) a lid vacuum insulated panel 12, the lid vacuum insulated panel having a top surface and a bottom surface; (B) a first cover (lid 10), the first cover positioned over the top surface of the lid vacuum insulated panel, wherein the first cover is shaped to include an integral handle (handle cut-outs 70); (b) a product box 20, the product box removably disposed within the base cavity; and (c) one or more temperature-control members (PCM panels 18) removably disposed within the base cavity. Wood fail to disclose that (1) the lid assembly is pivotally mounted on the base and (2) the first cover being coupled to the top surface of the lid vacuum insulated panel. Moghaddas teaches a lid pivotally mounted on the base (see Fig. 1 with top closure flap of box 13 pivotally mounted to sidewall of box or base) and the first cover being coupled to the top surface of the lid VI panel 181 as shown in Fig. 1. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the attachment of the lid to base by adding a hinge to provide a means to properly align the lid to the base when closing and to provide attachment of the lid VI panel to the first cover to also provide a means to properly align the VI lid panel with the upper edges of adjacent side wall VI panels and to provide an attachment means for the first cover and the lid VI panel so that neither become inadvertently misplaced.
Re claim 26, the lid assembly further comprises a second cover lid protection element 16 (see Fig. 1), the second cover covering the bottom surface of the lid vacuum insulated panel.
Re claim 27, further comprising an outer box (box 4 of Wood), the outer box comprising a box cavity bounded by at least one side wall, at least one bottom closure flap, and at least one top closure flap, and wherein the base and the lid assembly of the insulation unit are removably disposed within the box cavity of the outer box.
Re claim 28, Wood fails to disclose that the first cover engages the at least one top closure flap of the outer box when the at least one top closure flap is closed. Moghaddas teaches the lid assembly is dimensioned so that the first cover (lid VI panel 181) engages the at least one top closure flap (top flap of box 13) of the outer box 13 when the at least one top closure flap is closed, thereby ensuring that the second cover (cover 183) fully closes the base cavity. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the attachment of the lid to base by adding a hinge to provide a means to properly align the lid to the base when closing and to provide attachment of the lid VI panel to the first cover to also provide a means to properly align the VI lid panel with the upper edges of adjacent side wall VI panels and to provide an attachment means for the first cover and the lid VI panel so that neither become inadvertently misplaced.
Re claim 29, the lid assembly further comprises a support (box 13 of Moghaddas as modified for claim 22), the support comprising a first portion side wall panel of box 13 of Moghaddas and a second portion (lid flap of box 13 of Moghaddas), the first portion being secured to one of the one or more side walls of the base, the second portion being positioned between and secured to each of the lid vacuum insulated panel and the first cover.
Re claim 30, the first portion of the support and the second portion of the support are separated only by a single crease as shown by Moghaddas.
Re claim 31, Official notice is taken of a pair of creases for separating two sheets when forming a hinged closure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to modify the hinge to include a pair of creases as a means to reduce the stress of a single crease having to withstand the stress of the full rotation while a pair of creases can share approximately one-half the stress and one-half the full rotation and a pair of creases provides a fail-safe should one crease seize or bind preventing rotation.
Allowable Subject Matter
Claims 3-9 and 23-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:
For claim 3, the compressible pad is secured to a top surface of the second portion of the lid support. The lid support is a specific element forming the attachment of the lid to the base. The closest prior art found is Kletzel et al. (US 2023/0141586) a fabric patch or square 5 is placed on the outer surface of the lid. However, there is no indication that the fabric 5 is a compressible pad. There may be other evidence of compressible pads attached to lids but none which are secured to a top surface of the second portion of the lid support as claimed in claim 3.
For claim 23, the “shaped to include an integral handle” limitation from lines 15-16 of claim 22 is modified to have the integral handle, the integral handle must have a hinged tab (133 as shown in Fig. 7A of the present invention) having a cutout (135 as shown in Fig. 7A of the present invention). Handle 70 of Wood et al. (US 2015/0166244) is a cutout. However, this cutout is not part of a hinged tab. Mitchell et al. (US 2019/0193918) discloses a hinged tab (closure panel 106) and the panel 106 has a finger grip tab as shown in Fig. 1A and 1B. However, there is no cutout provided as part of the hinged tab. The finger grip tab doesn’t have a cutout. Claim 23 claims that the integral handle comprises a hinged tab having a cutout.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J CASTELLANO whose telephone number is (571)272-4535. The examiner can normally be reached Monday - Friday.
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733
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