DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 19, 2026 has been entered.
Response to Amendment
Due to applicant’s amendment filed on August 19, 2026, the 112(b) and 112(d) rejections in the previous office action (dated 07/24/2026), are hereby withdrawn.
The status of the claim(s) is as follows:
Claims 1, 12 and 16 have been amended,
Claims 2 and 10 have been cancelled,
Claims 3-9, 13-15 and 17-20 were previously presented.
Therefore, claims 1, 3-9, 11-20 are currently pending.
Claim Objections
Claim 13 is objected to because of the following informalities: “a top panel” of line 1 should be corrected to “the top panel”. Appropriate correction is required.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-8, 10-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sollie et al. (US 11066228 B2; hereinafter Sollie).
Regarding claim 1, Sollie teaches a shipping assembly embodiment (as shown in Figs. 1-12 and 28-34 (respectively) - for transporting refrigerated items) comprising:
an outer box (110) defining a bottom (222) and an outer box cavity (230);
a bottom insulator OR a bottom insulation batt element (i.e. in the form of a bottom wall liner (640) - as shown in Figs. 6b-7) received in the outer box cavity and superposed above the bottom of the outer box;
an insulated inner box (120) positioned in the outer box cavity above the bottom insulator (as shown in Figs. 8-9), the insulated inner box defining an inner box cavity, an outer periphery and a ridge (formed by the top flaps (442, 444, 446 and 448) – as shown in Figs. 10a-10b);
an insulation wrap (130, 600 and 610) positioned in the outer box cavity, the insulation wrap surrounding the outer periphery of the insulated inner box, the insulation wrap comprising an insulation batt core defining a core surface and a sheet layer attached to the core surface; and
a top insulator box assembly (i.e. in the form of temperature-regulating lid (500) – as shown in Figs. 28-34; note that paragraph Col. 22, ln 54-67 states that the lid (500) can be used in the embodiment of Figure 4A) comprising a top insulator box (510), wherein the top insulator box defines a top insulator box cavity, the top insulator box comprising a top panel (2120) defining a first overhang portion (2126) and a second overhang portion (2128);
wherein the ridge of the insulated inner box defines ridge end portions comprising a front ridge portion (444) and an opposed rear ridge portion (442), a first side portion (446) extending between the ridge end portions, and a second side portion (448) extending between the ridge end portions opposite the first side portion; and
wherein the first overhang portion of the top panel rests upon the first side portion of the ridge (as shown in Fig. 33) and the second overhang portion of the top panel rests upon the second side portion of the ridge;
wherein the top insulator box comprises:
an end panel (2138) defining a first side (2121), a second side (2139) opposite the first side, a third side, and a fourth side opposite the third side;
a bottom panel (2130) extending from at least a portion of the second side of the end panel, the bottom panel joined to the end panel along a third fold line defining a joint between the bottom panel and the end panel, the bottom panel defining a first side along the third fold line, a second side (2137) opposite the third fold line, a third side (2141), and a fourth side (2151) opposite the third side;
a first side panel (2140) extending from at least a portion of the third side of the bottom panel and selectably from at least a portion of the third side of the end panel;
a second side panel (2150) extending from at least a portion of the fourth side of the bottom panel;
a front panel (2136) extending from at least a portion of the second side of the bottom panel, the front panel defining a front of the top insulator box; and the first side panel and the second side panel each extending to and being joined with respective sides of the end panel to form a closed tubular body of the top insulator,
wherein the top panel (2120) of the top insulator box defines a first side, a second side (2625) opposite the first side, a third side, and a fourth side opposite the third side; and
wherein a first width (i.e. the distance between (2126) and (2128) in Fig. 32) of the top panel is greater than a second width (i.e. the distance between (2140) and (2150) in Figs. 30-32) of the front of the top insulator box,
such that the third side of the top panel extends laterally beyond the first side panel to define the first overhang portion of the top panel, and such that the fourth side of the top panel extends laterally beyond the second side panel to define the second overhang portion of the top panel (Sollie Col. 6 ln. 29 – Col. 15 ln. 8 and Col. 20 ln. 16 – Col. 23 ln. 28).
Thus, Sollie fails to teach a bottom insulator box assembly comprising a closed box defining a bottom insulator box cavity, and the bottom insulation batt element positioned within the bottom insulator box cavity, and the closed box [of the bottom insulator box assembly] comprising a side locking tab received in a side slot to maintain the closed box [of the bottom insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap and a cooperating second side flap, the side locking tab extending from the first side flap and the side slot being defined by the second side flap.
However, Sollie teaches a top insulator box assembly having a top insulator box (510) that is closed and defines a top insulator box cavity, the top insulator box assembly further comprising a top insulation batt element (560) positioned within the top insulator box cavity, wherein the closed box [of the top insulator box assembly] has a side locking tab (544) received in a side slot (540) to maintain the closed box [of the top insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap (520) and a cooperating second side flap (512), the side locking tab extending from the first side flap and the side slot being defined by the second side flap (Sollie Col. 10 ln. 13 – Col. 11 ln. 6 and Figs. 5a-b).
Examiner’s note: In annotated Fig. 5b below, the orientation of lid box (510) has been rotated to the left by 90˚; therefore, the top panel (520) of the lid box (510) will now be considered a first side flap of the lid box AND the front side flap (512) of the lid box will now be considered a cooperating second side flap; emphasis added.
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With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further enclose the bottom insulator or insulation batt element (of Sollie) with a similar closed box with a side locking tab received in a side slot used to enclose a top insulation batt element (as taught by Sollie) to ensure that bottom insulator (i.e. loose batt material) does not get severely compressed or damaged during use or transport.
Examiner’s note: Since the bottom insulation batt element (i.e. the bottom wall liner (640) of Sollie) is now enclosed inside a similar closed box, this yields the claimed structure or arrangement of the bottom insulation batt element being positioned within the bottom insulator cavity; emphasis added.
Regarding claim 4, modified Sollie as above further teaches wherein the top insulator box assembly comprises a top insulation batt element (560) positioned within the top insulator box cavity (see Sollie Figs. 5a-b).
Regarding claim 5, modified Sollie as above further teaches wherein the first overhang portion and the second overhang portion have equal lengths (see Sollie Fig. 32).
Regarding claim 6, modified Sollie as above further teaches wherein the ridge of the insulated inner box defines a continuous ledge extending around the inner box cavity (see Sollie Figs. 10a-11).
Regarding claim 7, modified Sollie as above further teaches wherein the insulated inner box is retained in a spaced relationship from opposing panels of the outer box such that the insulation wrap occupies a continuous gap between the insulated inner box and the outer box (see Sollie Figs. 1 and 7-9).
Regarding claim 8, modified Sollie as above further teaches wherein the ridge of the insulated inner box is defined by outwardly folded upper panel portions forming a continuous peripheral ridge (see Sollie Figs. 1 and 8-11).
Regarding claim 11, modified Sollie as above further teaches wherein the first and second overhang portions of the top panel suspend the top insulator box assembly above a bottom surface formed by bottom flaps of the insulated inner box.
Regarding claim 12, Sollie teaches a shipping assembly embodiment (as shown in Figs. 1-12 and 28-34 (respectively) - for transporting refrigerated items) comprising:
an outer box (110) defining a bottom (222) and an outer box cavity (230);
a bottom insulator OR a bottom insulation batt element (i.e. in the form of a bottom wall liner (640) – as shown in Figs. 6b-7) received in the outer box cavity and superposed above the bottom of the outer box;
an insulated inner box (120) positioned in the outer box cavity above the bottom insulator (as shown in Figs. 8-9), the insulated inner box defining an inner box cavity and a ridge (formed by the top flaps (442, 444, 446 and 448) – as shown in Figs. 10a-10b);
a top insulator box assembly (i.e. in the form of temperature-regulating lid (500) – as shown in Figs. 28-34; note that paragraph Col. 22, ln 54-67 states that the lid (500) can be used in the embodiment of Figure 4A) being partially received within the inner box cavity of the insulated inner box, the top insulator box assembly comprising a top insulator box, the top insulator box comprising:
a top panel (2120) defining a first overhang portion (2126) and a second overhang portion (2128);
an end panel (2138) defining a first side (2121), a second side (2139) opposite the first side, a third side, and a fourth side opposite the third side;
a bottom panel (2130) extending from at least a portion of the second side of the end panel, the bottom panel defining a first side, a second side (2137), a third side, and a fourth side (2141) opposite the third side;
a first side panel (2140) extending from at least a portion of the third side of the bottom panel;
a second side panel (2150) extending from at least a portion of the fourth side of the bottom panel;
a front panel (2136) extending from at least a portion of the second side of the bottom panel, the front panel defining a front of the top insulator box;
a locking tab (2626) extending from the top panel (as shown in Figs. 28-32); and
a slot (2682) configured to receive the locking tab when the top insulator box is assembled (Sollie Col. 6 ln. 29 – Col. 15 ln. 8 and Col. 20 ln. 16 – Col. 23 ln. 28).
Thus, Sollie fails to teach a bottom insulator box assembly comprising a closed box defining a bottom insulator box cavity, and the bottom insulation batt element positioned within the bottom insulator box cavity, and the closed box [of the bottom insulator box assembly] comprising a side locking tab received in a side slot to maintain the closed box [of the bottom insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap and a cooperating second side flap, the side locking tab extending from the first side flap and the side slot being defined by the second side flap.
However, Sollie teaches a top insulator box assembly having a top insulator box (510) that is closed and defines a top insulator box cavity, the top insulator box assembly further comprising a top insulation batt element (560) positioned within the top insulator box cavity, wherein the closed box [of the top insulator box assembly] has a side locking tab (544) received in a side slot (540) to maintain the closed box [of the top insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap (520) and a cooperating second side flap (512), the side locking tab extending from the first side flap and the side slot being defined by the second side flap (Sollie Col. 10 ln. 13 – Col. 11 ln. 6 and Figs. 5a-5b (annotated above)).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further enclose the bottom insulator or insulation batt element (of Sollie) with a similar closed box with a side locking tab received in a side slot used to enclose a top insulation batt element (as taught by Sollie) to ensure that bottom insulator (i.e. loose batt material) does not get severely compressed or damaged during use or transport.
Examiner’s note: Since the bottom insulation batt element (i.e. the bottom wall liner (640) of Sollie) is now enclosed inside a similar closed box, this yields the claimed structure or arrangement of the bottom insulation batt element being positioned within the bottom insulator cavity; emphasis added.
Regarding claim 13, modified Sollie as above further teaches wherein a top panel of the top insulator box assembly comprises a pair of thumb hole cut-out sections (i.e. in the form of semicircle notches provided on the first overhang portion and the second overhang portion – is what examiner equates to the claimed pair of thumb hole cut-out sections) configured to facilitate lifting of the top insulator box assembly out of the inner box cavity of the insulated inner box (see Sollie Figs. 28-33).
Regarding claim 14, modified Sollie as above further teaches wherein the locking tab extends from the top panel and engages the slot to maintain the top insulator box in an assembled configuration (see Sollie Figs. 28-33).
Regarding claim 15, modified Sollie as above further teaches wherein the top panel defines a pair of thumb hole cut-out sections (i.e. in the form of semicircle notches provides on the first overhang portion and the second overhang portion – is what examiner equates to the claimed pair of thumb hole cut-out sections) configured to facilitate removal of the top insulator box assembly from the inner box cavity of the insulated inner box (see Sollie Figs. 28-33).
Regarding claim 16, Sollie teaches a shipping assembly embodiment (as shown in Figs. 1-12 and 28-34 (respectively) - for transporting refrigerated items) comprising:
an outer box (110) defining a bottom (222) and an outer box cavity (230);
a bottom insulator OR a bottom insulation batt element (i.e. in the form of a bottom wall liner (640) – as shown in Figs. 6b-7) received in the outer box cavity and superposed above the bottom of the outer box;
an insulated inner box (120) positioned in the outer box cavity above the bottom insulator (as shown in Figs. 8-9), the insulated inner box defining an inner box cavity and a ridge (formed by the top flaps (442, 444, 446 and 448) – as shown in Figs. 10a-10b); and
a top insulator box assembly (i.e. in the form of temperature-regulating lid (500) – as shown in Figs. 28-34; note that paragraph Col. 22, ln 54-67 states that the lid (500) can be used in the embodiment of Figure 4A) being partially received within the inner box cavity of the insulated inner box,
wherein the insulated inner box (as shown in Figs. 4a and 8-9) further comprises:
a first side panel (412) defining a first top side and a second side adjacent to the first top side;
a first end panel (416) extending from at least a portion of the second side of the first side panel;
a second side panel (414) extending from at least a portion of a first side of the first end panel, the second side panel joined to the first end panel along a fold line; and
a second end panel (418) extending from at least a portion of a second side of the first side panel, the second end panel joined to the first side panel (Sollie Col. 6 ln. 29 – Col. 15 ln. 8 and Col. 20 ln. 16 – Col. 23 ln. 28).
Thus, Sollie fails to teach a bottom insulator box assembly comprising a closed box defining a bottom insulator box cavity, and the bottom insulation batt element positioned within the bottom insulator box cavity, and the closed box [of the bottom insulator box assembly] comprising a side locking tab received in a side slot to maintain the closed box [of the bottom insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap and a cooperating second side flap, the side locking tab extending from the first side flap and the side slot being defined by the second side flap.
However, Sollie teaches a top insulator box assembly having a top insulator box (510) that is closed and defines a top insulator box cavity, the top insulator box assembly further comprising a top insulation batt element (560) positioned within the top insulator box cavity, wherein the closed box [of the top insulator box assembly] has a side locking tab (544) received in a side slot (540) to maintain the closed box [of the top insulator box assembly] in a closed configuration; wherein the closed box [of the bottom insulator box assembly] further comprises a first side flap (520) and a cooperating second side flap (512), the side locking tab extending from the first side flap and the side slot being defined by the second side flap (Sollie Col. 10 ln. 13 – Col. 11 ln. 6 and Figs. 5a-5b (annotated above)).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further enclose the bottom insulator or insulation batt element (of Sollie) with a similar closed box with a side locking tab received in a side slot used to enclose a top insulation batt element (as taught by Sollie) to ensure that bottom insulator (i.e. loose batt material) does not get severely compressed or damaged during use or transport.
Examiner’s note: Since the bottom insulation batt element (i.e. the bottom wall liner (640) of Sollie) is now enclosed inside a similar closed box, this yields the claimed structure or arrangement of the bottom insulation batt element being positioned within the bottom insulator cavity; emphasis added.
Regarding claim 17, modified Sollie as above further teaches wherein the insulated inner box further comprises:
a first top flap (442) extending from at least a portion of the first top side of the first side panel,
the first top flap joined to the side panel along a first fold line defining a joint between the first top flap and the first side panel, the first top flap defining a first top flap edge opposite the first fold line, a first side, and a second side opposite the first side;
the first end panel joined to the first side panel along a second fold line, the second fold line defining a joint between the first side panel and the first end panel, the first end panel further defining a second side adjacent to the second fold line;
a second top flap (444) extending from at least a portion of the second side of the first end panel, the second top flap joined to the end panel along a third fold line defined by the second side of the end panel, the third fold line defining a joint between the first end panel and the second top flap, the second top flap defining a second top flap edge opposite the third fold line, a first side, and a second side opposite the first side, the second side of the second top flap defined by the first side of the first top flap (see Sollie Figs. 4a and 8-9).
Regarding claim 18, modified Sollie as above further teaches wherein the first side panel defining a third side opposite the second fold line; and
the first end panel defining a second side opposite the second fold line; and
the insulated inner box further comprises:
the second side panel joined to the first end panel along a fifth fold line, the fifth fold line defining a joint between the second side panel and the first end panel, the second side panel defining an end opposite the fifth fold line;
and the second end panel joined to first side panel along a sixth fold line, the sixth fold line defining a joint between the second end panel and the first side panel, the second end panel defining a panel edge opposite the sixth fold line (see Sollie Figs. 4a and 8-9).
Regarding claim 20, modified Sollie as above further teaches wherein the ridge engages the overhang portions of the top panel to vertically support the top insulator box assembly (see Sollie Fig. 33).
Claims 3, 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the applied references (as applied claims 1 and 16) and further in view of Collison et al. (US 10882682 B2; hereinafter Collison).
Regarding claim 3, Sollie as above further teaches wherein the top insulator box of the top insulator box assembly further defines a top insulator box inside surface (see Sollie Figs. 5a-5b).
However, Sollie fails to teach the top insulator box inside surface being coated with a repulpable insulating film.
Collison is in the same field of endeavor as the claimed invention and Sollie, which is a shipping package assembly. Collison teaches a shipping box assembly embodiment (158; as shown in Figs. 18a-18b) comprising a closed box defining a cavity, and wherein the closed box of the box assembly further defines a closed box inside surface coated with a repulpable insulating film (22; Collison Col. 8 ln. 60-66 and Col. 11 ln. 25 – Col. 14 ln. 50 and claims 2 and 19).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the inside surface of the closed box (of the top insulator cavity; of Sollie) with a similar repulpable insulating film (as taught by Collison) to ensure that the whole [top insulator] box assembly passes through recycling plants without it being discarded/incinerated/landfilled while also providing additional insulation (essentially increasing the recyclability of the whole box; emphasis added).
Since, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP §2144.07
Regarding claim 9, Sollie as above further teaches all the structural limitations as set forth in claim 1, except for wherein interior surfaces of the insulated inner box are coated with a repulpable insulating film laminated to a corrugated substrate.
Collison is in the same field of endeavor as the claimed invention and Sollie, which is a shipping package assembly. Collison teaches a shipping box assembly embodiment (158; as shown in Figs. 18a-18b) comprising a closed box made from corrugated cardboard (i.e. the claimed corrugated substrate) defining a cavity, and a plurality of interior surfaces coated with a repulpable insulating film (22; Collison Col. 8 ln. 60-66 and Col. 11 ln. 25 – Col. 14 ln. 50 and claims 2 and 19).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the interior surfaces of the insulated inner box; of Sollie – which are all corrugated cardboard or substrate) with a similar repulpable insulating film (as taught by Collison) to ensure that the whole the whole insulated inner box assembly passes through recycling plants without it being discarded/incinerated/landfilled (essentially increasing the recyclability of the whole box; emphasis added).
Since, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP §2144.07
Regarding claim 19, Sollie as above further teaches wherein the first top flap and the second top flap are folded outwardly and collectively define the ridge of the insulated inner box.
However, Sollie fails to teach a repulpable insulating film surface.
Collison is in the same field of endeavor as the claimed invention and Sollie, which is a shipping package assembly. Collison teaches a shipping box assembly embodiment (158; as shown in Figs. 18a-18b) comprising a closed box made from corrugated cardboard (i.e. the claimed corrugated substrate) defining a cavity, and a plurality of interior surfaces coated with a repulpable insulating film (22; Collison Col. 8 ln. 60-66 and Col. 11 ln. 25 – Col. 14 ln. 50 and claims 2 and 19).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the interior surfaces of the insulated inner box; of Sollie – which are all corrugated cardboard or substrate) with a similar repulpable insulating film (as taught by Collison) to ensure that the whole the whole insulated inner box assembly passes through recycling plants without it being discarded/incinerated/landfilled (essentially increasing the recyclability of the whole box; emphasis added).
Since, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP §2144.07
Response to Arguments
Applicant's arguments filed August 19, 2026 with respect to the pending claims have been fully considered but they ARE NOT persuasive for the following reason(s):
Applicant’s argument: Applicant argues that the applied art (specifically Sollie) fails to teach certain features of the claimed invention, specifically, “…wherein the closed box further comprises a first side flap and a cooperating second side flap, the side locking tab extending from the first side flap and the side slot being defined by the second side flap...” as now recited in claims 1, 12 and 16 (see Remarks pg. 9-12, specifically items A-E).
Examiner’s response: Examiner respectfully disagrees with applicant’s assertion. Examiner further clarified in the art rejection above (see specifically examiner note immediately before annotated Sollie Fig. 5b as well as annotated Sollie Fig. 5b) as to how Sollie DOES IN FACT discloses/teaches the noted limitation above.
Applicant’s argument: Applicant’s argument argues the proposed modification is not mere duplication of an essential working part (see Remarks pg. 11, item C).
Examiner’s response: Examiner respectfully disagrees with applicant’s assertion because duplication of parts is not relied upon in the art rejection above. Therefore, this argument is not commensurate in scope with the claims presented or the rejection at hand; emphasis added.
Applicant’s argument: Applicant’s argument argues that “…Although KSR permits consideration of common sense, it still requires an articulated reason having a rational underpinning…” (i.e. teaching, suggestion, or motivation to combine) and that the cited portions of Sollie do not identify severe or undesirable compression of bottom wall liner 640, state that such compression damages the liner, or suggest that the top-lid construction should be placed beneath the inner box as a remedy; see Remarks pg. 11-12, item D).
Examiner’s response: Examiner responds that “[T]he rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it can be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law”.
With that in mind, by enclosing the [bottom] loose batt material (of Sollie) with a similar closed box having a side locking tab extending from the first side flap and a side slot provided on a cooperating second side flap of the closed box. This prolongs the shelf life of the [bottom] loose batt material (of Sollie) because the loose batt material (of Sollie) now has a protective cover, in the form of a protective film (see Sollie Col. 11 ln. 31-40 and 43-45) or a box. This protective cover further prevents damage to/compression of the [bottom] loose batt material during use (as noted in the art rejection above); emphasis added.
Lastly, in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See MPEP §2145(X)(A)
Applicant’s argument: Applicant further argues the 103 rejections of claims 3, 9 and 19 (Sollie in view of Bradely and further in view of Collison) are improper for the same reasoning as applied to claims 1, 12 and 16 (i.e. Sollie is deficient in teaching the new limitations; see Remarks 12-13, specifically item F).
Examiner’s response: Examiner respectfully disagrees with applicant’s assertion because Bradley HAS NOT been relied upon or used by the examiner to reject claims 3, 9 and 19 (see the heading of item 7 in the art rejection above). As noted above, examiner explained as to how Sollie still discloses or teaches the new limitation(s) in the art rejection(s) above. Therefore, examiner maintains the 103 rejection(s) of claims 3, 9 and 19.
Applicant’s argument: Applicant’s traverses the characterization of the film limitations as merely an obvious material selection or “design choice” and argues that the Final Office Action does not explain why a skilled artisan would apply Collison’s film at each specific claimed surface while retaining the claimed modular arrangement and does not address the functional relationship between the coated surfaces, the outwardly folded ridge, and the insulated shipping assembly (see Remarks pg. 12-13, item F).
Examiner’s response: Examiner respectfully disagrees. Examiner notes that there is NO substituting one material for another. Rather, examiner relies upon the coating (taught by Collison) as an additional component to the whole top insulator box assembly (of Sollie), which ensures the recyclability of the whole top insulator box assembly (as mentioned in the previous office action and the art rejection above). In addition, by applying the coating (of Collison), it also improves the thermal insulative properties of the whole top insulator box assembly (of Sollie).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached on Monday - Thursday 6:00 am - 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 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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/B. V. P./
Examiner, Art Unit 3736
/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
Prosecution Insights