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 .
Response to Amendments
The amendments filed 12/16/2025 have been entered, accordingly claims 45-54 and 59-61 remain withdrawn and claims 55-58 remain rejected.
Response to Arguments
Applicant’s arguments, see page 9, filed 12/16/2025, with respect to the 112b rejection filed on 09/16/2025 have been fully considered and are persuasive in view of the amendments to the indefinite language. The 112a rejection of claim 56 has been withdrawn (note the features corresponding to the prior 112a rejection have migrated to independent claim 55).
Applicant has not provided specific argument to the prior rejection of claims 55-58. the newly amended independent claim 55 brings the prior rejected content of claim 56 thereinto. Therefore Claim 55 and depending claims 56-58 remain rejected.
Claim Objections
Claim 56 objected to because of the following informalities: claim 56 as amended recites “further comprising at least one of: the power source is an alternating-current source or a direct-current source”. Examiner believes Applicant intended the claim to read “wherein” in replace to “further comprising at least one of:” Appropriate correction is required.
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 55 and 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Escobar (US 2022/0044188) in view of DiPucchio (US 2006/0091133).
Regarding claim 55, Escobar discloses a food carrying delivery bag comprising:
an electrical heating pad or cooling device (heating pads “a heating element or liner can be used. A heating element, such as a heating pad containing thermal coils, are inserted and/or built into the container. Once activated, the pads can heat the inside of the container. Still another embodiment includes the use of induction. Induction transfers electrical energy by induction from, for example, a coil of wire into a metal material, e.g., a ferromagnetic material. A high frequency alternating current is passed through the coil which then causes the ferromagnetic material to heat. A suitable induction method provides one or more metallic plates within the interior of the container. In another embodiment, thermal coils can be provided through a lining of the container. Thermal coils can, for example, be sown into one or more sides of a container, such as a bag.” [0052]);
a reflector enveloping the electrical heating pad and configured to receive a food parcel adjacent to the electrical heating pad;
an insulator (“The environment control device 100 is made from an insulating material.” [0037]); and
a thermostat connected to the electrical heating pad and configured to be connected a power source (temperature based control of heating pads “Target parameters for temperature, air movement, pressure, and moisture can be set or adjusted based on the contents of the container. Adjusting the parameters can occur real-time or nearly real-time.” [0051] heaters as part of draw from systems power source “a power supply” [0007]); and
an interface (app interface “the app 320 that controls the conditions within the container can be part of a secondary device, such as a mobile phone, or it can be part of an integrated interface accessible to the user on the outside of the container.” [0067]) comprising one or more nanometer-scale processors (processor of functioning app 320, “The app can be used on any suitable electronic device including cell phones and tablets.” [0066]) and one or more connections (where thermostat regulates power and where heating pad is connected to draw power) to which the electrical heating pad and the thermostat are connected and which is configured to be connected to the power source (where heating pad draws power “The power supply 344 can be any suitable power supply, or combination of power supplies, including for example, solar cells, batteries, rechargeable batteries, USB connector, AC power cord connector, cigarette lighter socket, etc.” [0063]).
Escobar is silent regarding a reflector enveloping the electrical heating pad and configured to receive a food parcel adjacent to the electrical heating pad; The insulator enveloping the reflector.
However DiPucchio teaches (Fig-2) a reflector (18) enveloping the electrical heating pad (16) and configured to receive a food parcel adjacent to the electrical heating pad; The insulator (20) enveloping the reflector (see figure 2 providing order of layers from outer to inner: 22 (jacket) 20 (insulator) 18 (reflector) 16 (heater) 14 (secondary liner) 12 (primary liner)).
The advantage of a reflector enveloping the electrical heating pad and configured to receive a food parcel adjacent to the electrical heating pad; the insulator enveloping the reflector, is to enhance heat efficiently “the invention relates to a multi-layered carrier capable of containing thermal heat and maintaining uniform temperatures in an efficient manner” [0003].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Escobar and DiPucchio before him or her, to modify the silence to reflective elements of Escobar to include the reflective and insulating heater order arrangement of DiPucchio
because providing reflective material to heater and insulation around the reflective element enhances retention of heat.
Regarding claim 57, Escobar as modified teaches the food carrying delivery bag of claim 55, Escobar as already modified teaches further comprising one or more accelerometers operably connected to the thermostat and operably configured to detect accelerations in three dimensions (movement (as present to 3 axis) is detected by accelerometer for waking up device “Settings that can be changed or monitored can include, for example, on/off, temperature, moisture content, accelerometer readings, and battery life. Additionally, the app can be configured to “sleep” (or hibernate) if there has been no activity for a period of time, or to “wake” when movement is sensed.” [0070] the device being in operable control of heaters).
Regarding claim 58, Escobar as modified teaches the food carrying delivery bag of claim 55, Escobar as already modified teaches wherein the one or more accelerometers are operably configured to detect and distinguishing an acceleration characteristic of moving the food carrying delivery bag (bag movement characteristic of delivery bag is detected by accelerometer for waking up device “Settings that can be changed or monitored can include, for example, on/off, temperature, moisture content, accelerometer readings, and battery life. Additionally, the app can be configured to “sleep” (or hibernate) if there has been no activity for a period of time, or to “wake” when movement is sensed.” [0070])).
Claim 56 is rejected under 35 U.S.C. 103 as being unpatentable over Escobar and DiPucchio as applied to claim 55 above, and further in view of Wu (US 2021/0113029) and Veltrop (US 2017/0265687).
Regarding claim 56, Escobar as modified teaches the food carrying delivery bag of claim 55, Escobar as already modified teaches further comprising at least one of:
the power source is an alternating-current source or a direct-current source (multiple power source anticipated “The power supply 344 can be any suitable power supply, or combination of power supplies, including for example, solar cells, batteries, rechargeable batteries, USB connector, AC power cord connector, cigarette lighter socket, etc.” [0063]);
the thermostat is manually operable (temperature may be set or programmed “The temperature can be a target temperature, or temperature range, chosen based on the contents being transported. For example, if a pizza is being transported it is desirable to maintain the temperature of the environment between 175-200° F. In some cases, it may be desirable to include a time component to the environmental controls such that the temperature, for example, is maintained between 175-200° F. for 1 hour. It may also be desirable to pre-heat the container prior to inserting the content to be delivered.” [0057]);
the thermostat is programmable (programmed as disclosed above [0057]);
the thermostat detects an
the electrical heating pad comprises one or more one or more temperature sensors (emphasis added “The one or more environmental sensors are selected from temperature sensors, moisture sensors, humidity sensors, atmospheric pressure sensors, oxygen sensors, air quality sensors, smoke sensors.” [0007]).
Escobar is silent regarding an impedance based thermostat.
However Wu teaches impedance based thermostat (resistive/thermistor as impedance temp sensor “The temperature sensor 502 may comprise a capacitive, resistive, thermocouple, thermistor, thermometer, or any other configuration of temperature sensing devices known in the art.” [0071]).
The advantage of an impedance based thermostat, is to provide a temperature sensor with means of sensing/signaling as known in art “The temperature sensor 502 may comprise a capacitive, resistive, thermocouple, thermistor, thermometer, or any other configuration of temperature sensing devices known in the art.” [0071] that is compatible to communication with a controller “the PID controller 208 may also be configured to receive data from the temperature sensor 502 (e.g., in electrical communication with the temperature sensor 502).” [0073].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Escobar as modified and Wu before him or her, to modify undisclosed format of temperature sensing of Escobar as modified with the known array of acceptable temperature sensors means to include impedance based of Wu, because it is well known in the art to use thermistors that are readable by controllers based on impedance/resistance.
Escobar is silent regarding wherein each of the one or more independently controllable heating elements can be independently controlled.
However Veltrop teaches (Fig-6) wherein each of the one or more independently controllable heating elements can be independently controlled (localized heating within single carrier/drawer, emphasis added “In another embodiment, the drawer 340 contains partitions 342 partitioning the drawer 340 into a plurality of compartments 344 and differing food types from the order may be stored in each of the compartments 344. As an exemplary embodiment, french fries may be stored in one compartment 344 while sandwiches are stored in another compartment 344, while chicken tenders are stored in a third compartment 344. This enables the environments of each of the compartments 344 in the holding device 34 to be controlled according to a different holding profile, exemplarily to provide more humidity to chicken tenders or hamburgers while less humidity is provided to french fries. Similarly, french fries may be heated to a higher consumption temperature than sandwiches, while chicken tenders are heated more than sandwiches but less than french fries.” [0045]).
The advantage of wherein each of the one or more independently controllable heating elements can be independently controlled, is to provide localized control to unique foods having unique heating needs, emphasis added “This enables the environments of each of the compartments 344 in the holding device 34 to be controlled according to a different holding profile, exemplarily to provide more humidity to chicken tenders or hamburgers while less humidity is provided to french fries. Similarly, french fries may be heated to a higher consumption temperature than sandwiches, while chicken tenders are heated more than sandwiches but less than french fries.” [0045].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Escobar as modified and Veltrop before him or her, to modify the multiple heaters of Escobar with the independently controlled heaters of Veltrop because providing independently controlled heaters enables unique foods to be controlled according to needs.
Conclusion
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 Spencer H Kirkwood whose telephone number is (469)295-9113. The examiner can normally be reached 12:00 am - 9:00 pm Eastern.
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/Spencer H. Kirkwood/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761