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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawafta (US 20230060274 A1)
Regarding claim 1, Sawafta teaches a container comprising (fig.4 shows the container 200):
a front wall (see annotated fig.4 below for the front wall);
a rear wall (see annotated fig.4 below for rear wall);
a left wall extending between the front wall and the rear wall, the left wall including a predefined fold (see annotate fig.4 below shows the left wall being that extends between front and rear wall and predefined fold);
a right wall extending between the front wall and the rear wall, the right wall including a predefined fold (see annotated fig.4 below for right wall with predefined fold);
a top wall hinged to the rear wall to open and close a top of the container (see annotated fig.4 below for the top wall being hinged to rear wall to open and close a top of the container);
a bottom wall hinged to the front wall to open and close a bottom of the container (see annotated fig.4 below shows the bottom wall hinged to the front wall to open and close a bottom of the container, fig.7 shows the container being collapsed and the bottom wall can be hinged to the front wall when collapsing or erecting the container); and
phase-change material disposed within the front wall, rear wall, left wall, right wall, top wall and bottom wall to control the temperature of an object placed inside the container (fig.3 shows the temperature control material 110 that is disposed within all the walls to control the temperature of an objected placed inside the container; see fig.1 and 2 for the PCM material being within the walls)
wherein the left wall and right wall are foldable along the predefined folds to collapse the container (see fig.7 and fig.4 below for the left and right walls being foldable along the predefined folds to collapse the container).
Annotated fig.4 of Sawafta
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the top wall is rotatable to a position that abuts an outside of the rear wall to collapse the container (fig.4 the top wall is rotatable to a position that abuts the outside of the rear wall to collapse the container see fig.7).
Regarding claim 3, the references as applied to claim 1 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the bottom wall is rotatable to a position that abuts an outside of the front wall to collapse the container (fig.4 the bottom wall is rotatable to a position that abuts the outside of the front wall to collapse the container see fig.7).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the front wall, rear wall, left wall, right wall, top wall, and bottom wall comprise flexible material (fig.1 sheets 100 are made form flexible material-0057-58).
Regarding claim 5, the references as applied to claim 4 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the front wall, rear wall, left wall, right wall, top wall, and bottom wall are made of fabric (“In the example of FIGS. 1 and 2, the mailer may be comprised of a fabric mailer wherein the temperature control sheets are integrated within the walls of the mailer. In further aspects, the fabric mailer may be doped or otherwise integrated with PCM material so that the temperature control sheets are embedded within the structure of the fabric mailer. Additionally, pouches or sleeves may be located on a mailer in which temperature control sheets are placed and housed within.”-0058).
Regarding claim 6, the references as applied to claim 1 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the phase-change material is contained in panels that are disposed within the front wall, rear wall, left wall, right wall, top wall, and bottom wall (see annotated fig.4 and fig.1-2 for PCM being disposed within all the walls).
Regarding claim 7, the references as applied to claim 6 above discloses all the limitations substantially claimed. Sawafta further wherein the left wall contains panels with phase change material on both sides of the predefined fold of the left wall (see annotated fig.4 above for the PCM being on both sides of the fold).
Regarding claim 8, the references as applied to claim 6 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the right wall contains panels with phase change material on both sides of the predefined fold of the right wall (see annotated fig.4 above for the PCM being on both sides of the fold).
Regarding claim 9, the references as applied to claim 6 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the panels are sewn into the front wall, rear wall, left wall, right wall, top wall, and bottom wall ( fig.1 the sheets 110 can be made from fabric and any method can be used to stitched them together i.e. sewn if made from fabric; “Furthermore, in the example of FIGS. 1 and 2 the two edges (141, 142) may also be defined as a third or fourth edge, wherein a pouch entryway is formed to allow a fold over design of a mailer (not depicted). The configuration in FIGS. 1 and 2 is but one of any configurations that would be suitable as a mailer for transport through commercial mail centers. The variety of configurations may be implemented by a series of folds wherein the PCM-free fold zones enable bending, adhering, gluing, stapling, and a many other mechanical or physical changes that the base substrate material (typically a polymer) will allow. In the example of FIGS. 1 and 2, the mailer may be comprised of a fabric mailer wherein the temperature control sheets are integrated within the walls of the mailer. In further aspects, the fabric mailer may be doped or otherwise integrated with PCM material so that the temperature control sheets are embedded within the structure of the fabric mailer. Additionally, pouches or sleeves may be located on a mailer in which temperature control sheets are placed and housed within.”-0057-58).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Sawafta further teaches a gap component configured to provide an air gap extending from the top to the bottom of the container when the container is collapsed to promote cooling air flow through the container (fig.2 shows the top opening of each of the sheets 100 that is the gap and capable of preventing the collapse of the body and provide air flow though the body when walls are open i.e. as in fig.).
Regarding claim 11, Sawafta teahces a container comprising (fig.2 shows the container 200):
a plurality of walls, each wall defining a void therein (see annotated fig.4 above for the plurality of walls and fig.1 shows the void 130 within them since the walls are made from the sheets ); and
phase-change material provided within the void in each wall (fig.3 and 4 shows the PCM material 110 inside the walls);
wherein each of at least two opposing walls include a predefined fold that promotes folding of the wall and collapse of the container (see annotated fig.4 above for the predefined folds to collapse the container);
wherein the phase-change material provided within each of at least two opposing walls is positioned on both sides of the predefined fold and away from the predefined fold (see fig.4 above and fig.3 PCM provided within each of the walls and are positioned on both sides of the fold and away from the fold).
Regarding claim 12, the references as applied to claim 11 above discloses all the limitations substantially claimed. Sawafta further teaches wherein each of at least two other opposing walls that do not include a predefined fold are hinged to open and close (see annotated fig.4 above for the walls that do not include fold and are hinged to open and close).
Regarding claim 13, the references as applied to claim 12 above discloses all the limitations substantially claimed. Sawafta further teaches a gap component to prevent complete collapse of the container and provide for air flow through the container when each of at least two other opposing walls are open (fig.2 shows the top opening of each of the sheets 100 that is the gap and capable of preventing the collapse of the body and provide air flow though the body when walls are open i.e. as in fig.2).
Regarding claim 14, Sawafta teaches a kit for a container comprising (fig.4 and 1 above shows the kit for a container):
a container body including a plurality of walls, each wall defining a void therein, wherein each of at least two opposing walls include a predefined fold that promotes folding of the wall and collapse of the container body (see annotated fig.4 above for the walls that made the container body and fig.2 shows the void 130 within the body and fig.4 shows the predefined fold on two opposing walls);
a plurality of phase-change material panels insertable within the void in each wall, wherein the phase-change material panels insertable within each of at least two opposing walls are positionable on both sides of the predefined fold and away from the predefined fold (see annotated fig.4 above fore the plurality of PCM panels 110 insertable within the void 130 and are positioned on both sides of the fold and way from the fold).
Regarding claim 15, the references as applied to claim 14 above discloses all the limitations substantially claimed. Sawafta further teaches wherein each of at least two other opposing walls that do not include a predefined fold are hinged to open and close (see annotated fig.4 above for the top wall and the front do not have the fold and are hinged to open and close; front is hinged as in when collapsed see fig.7).
Regarding claim 16, the references as applied to claim 15 above discloses all the limitations substantially claimed. Sawafta further teaches wherein the container body further comprises a gap component to prevent complete collapse of the container body and provide for air flow through the container body when each of at least two other opposing walls are open (fig.2 shows the top opening of each of the sheets 100 that is the gap and capable of preventing the collapse of the body and provide air flow though the body when walls are open i.e. as in fig.2).
Claim Rejections - 35 USC § 103
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 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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Melchor (US 20210300665 A1) and further in view of Sawafta (US 20230060274 A1)
Regarding claim 1, Melchor teaches a container comprising (fig.12A shows the container 701):
a front wall (see annotated fig.12A below for the front wall being the two walls being combined);
a rear wall (see annotated fig.12A below for rear wall similar to how the front wall is being labeled);
a left wall extending between the front wall and the rear wall, (fig.12A below shows the left wall being that extends between front and rear wall);
a right wall extending between the front wall and the rear wall, (see annotated fig.12A below for right wall similar to how the front wall is being labeled);
a top wall hinged to the rear wall to open and close a top of the container (see annotated fig.12A below for the top wall being hinged to rear wall to open and close a top of the container);
a bottom wall hinged to the front wall to open and close a bottom of the container (fig.12 B shows the bottom wall hinged to the front wall to open and close a bottom of the container as the top wall and bottom are similarly designed); and
phase-change material disposed within the front wall, rear wall, left wall, right wall, top wall to control the temperature of an object placed inside the container (fig.12A shows the phase-change material 709-1-709-7 and disposed within the front, rear, left, right top wall to control the temperature of an object placed inside the container ). Melchor does not teach the left wall including a predefined fold and the right wall including a predefined fold and wherein the left wall and right wall are foldable along the predefined folds to collapse the container and bottom wall having phase-change material disposed within the bottom wall.
Melchor does not teach wherein bottom wall having a phase-change material disposed within, however Melchor second embodiment does teach wherein bottom wall having a phase-change material disposed within (fig.14B shows the phase change between 809-1-809-3 that are between the bottom wall 821 and the inner container bottom wall). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom wall disclosed by Melchor by adding the teaching of phase change material within bottom wall as disclosed by second embodiment of Melchor in order to insulate all surface of the box so the temperature can be better controlled.
Melchor as modified right above does not teach the left wall including a predefined fold and the right wall including a predefined fold and wherein the left wall and right wall are foldable along the predefined folds to collapse the container.
Swafta does teach the left wall including a predefined fold and the right wall including a predefined fold and wherein the left wall and right wall are foldable along the predefined folds to collapse the container (fig.6 shows the fold lines 260 that are on right and left walls as seen in fig.3 as well that can be used to collapse the container). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the left and right walls disclosed by Melchor by adding the teaching of predefined folds on left and right walls as disclosed by Swafta in order to collapse the container which will make it easier to store.
Annotated fig.12A of Melchor
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Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Miller (US 20190077576 A1) and Melchor (US 20210300665 A1) fig.14B that seem to disclose the basic idea of applicant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY STASHICK can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRINCE PAL/Examiner, Art Unit 3735
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