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) 1-9, 11-19 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenberg (US9,926,112).
1. A transport container (Figs 1-49 discloses containers that can functionally be transported) for a cryogenic vessel (where the container can be used for holding a cryogenic vessel such as a laboratory dewar or many other cryogenic vessels), comprising a lower member (Fig. 2 at 2) and two upper members (Fig. 3 at 3A and 3B) that are attached thereto, the lower and upper members together defining a cavity (within container member 2) for accommodating the vessel therein (where the container can be used for such), with the upper members being moveable between an open position (Fig. 3) and a closed position (Fig. 1), wherein, in the closed position, the upper members cooperate to form a lid (Fig. 1 at 3) that interlocks with the lower member (Fig. 1) to close the cavity.
2. The container of claim 1, wherein the lower member (Fig. 1 at 2) and each upper member (Fig. 3 at 3A and 3B) include engagement elements (Fig. 3 at 9 and 10) that, when the upper members are in the closed position, form an internal detent (Figs 4-5) that secures the upper members in the closed position (the lower member and upper member have the engagement elements when the container is assembled).
3. The container of claim 2, wherein the engagement element of the lower member
comprises a projection (Fig. 4 at 11) that is configured to seat within a slot (Fig. 2 at 10) of each of the upper members in a snap-fit (Fig. 2).
4. The container of claim 1, wherein the upper members include cooperating elements (Fig. 2 at 9 and 10) that guide and locate the upper members into the closed position (Fig. 1).
5. The container of claim 4, wherein, when the upper members are in the
closed position (Fig. 1), the cooperating elements (Fig. 2 at 9 and 10) form a barrier (when member 10 is closed on member 9 it forms a barrier) that extends across an opening of the cavity (Fig. 1) and directs water away therefrom (where the barrier can direct water away if the container is turned upside down etc).
6. The container of claim 4, wherein the cooperating elements comprise a lip (Fig. 2 at 9 and Fig. 5) that projects from an inner surface (Fig. 5) of a first of the upper members and a trough (Fig. 2 at 10) within an inner surface of a second of the upper members, with the lip being receivable within the trough (Figs 4 and 5).
7. The container of claim 1, wherein, in the closed position, the upper members together form a carry handle (Fig. 2 at 11 and 12 can be a carry handle as it is designed to be held, touched or moved by the hand) of the container.
8. The container of claim 7, wherein, when the container is carried by the handle (Fig. 2 at 11 and 12 can be a carry handle as it is designed to be held, touched or moved by the hand), the upper members are biased towards the closed position (where a user’s hand can bias the lid open if desired by adding a force that changes how the upper member naturally functions when it hinges open).
9. The container of claim 7, wherein each upper member includes an upwardly extending handle portion (Fig. 3 at 11 and 12) for moving the upper members between the open (Fig. 2) and closed positions (Fig. 1), the handle portions abutting in the closed position of the upper members to form the carry handle (Fig. 2 at 11 and 12 can be a carry handle as it is designed to be held, touched or moved by the hand).
11. The container of claim 1, wherein the upper members are hingedly (Fig. 14A-14B) attached to the lower member, with the upper members and the lower member having integrated hinge elements (when assembled).
12. The container of claim 11, wherein the lower member has a tapered profile (member 7), with the hinge elements (Fig. 14B) being disposed within a footprint thereof.
13. The container of claim 1, wherein an outer surface of the lower member is adapted to allow a plurality of containers to be arranged together in a nested arrangement (see Fig. 13 amongst other Figs).
14. The container of claim 13, wherein the outer surface of the lower member is adapted such that, in the nested arrangement, a plurality of defined gaps (Fig. 35) are formed between abutting containers.
15. The container of claim 14, wherein the outer surface of the lower member
comprises a plurality of substantially planar faces arranged around a vertical perimeter thereof, with the plurality of gaps between abutting containers being defined by fillets (see Fig. 35 at the bottom sides that the gaps of each container connects) disposed between adjacent faces of the respective containers.
16. The container of claim 1, further comprising insulating members (where member 120 are plastic members and plastic provides some degree of insulation) mounted within the cavity to protect the vessel therein.
17. The container of claim 1, wherein the lower member and each upper member is formed, respectively, as a unitary body (when the lid and container are assembled).
18. The container of claim 1, wherein the lower member and each upper member is formed of a polymeric material (plastic).
19. The container according to claim 1, further including a pair of pick-up portions (Fig. 2 at 11 and 12, where these members can be used as pick-up portions) that are disposed on opposing sides of the container.
21. A method of fabricating a transport container (Figs 1-49 discloses containers that can functionally be transported) for a cryogenic vessel (where the container can be used for holding a cryogenic vessel such as a laboratory dewar or many other cryogenic vessels), comprising (Fig. 2 at 2) and two upper members (Fig. 3 at 3A and 3B) that are attached thereto, the lower and upper members together defining a cavity (within container member 2) for accommodating the vessel therein, with the upper members being moveable between an open position (Fig. 3) and a closed position (Fig. 1), wherein, in the closed position, the upper members cooperate to form a lid (Fig. 1 at 3) that interlocks with the lower member to close the cavity, the method comprising the steps of: forming each of the lower and upper members via a moulding process (column 16, lines 1-6); and attaching each upper member to the lower member by a pin (Figs 14A-14B) that is insertable through hinge elements of the respective upper member and the lower member.
Allowable Subject Matter
Claim 10 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736
