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 Arguments
Applicant’s arguments with respect to claim(s) 9/4/2025 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has positively included a “receiving member” 30 on both the upper bracket and the lower bracket, which is not shown in any elected figures (figures 6-9). This results in a new matter rejection below, further, examiner has called applicant to ensure the correct assumptions are made, because applicant has included several new terms which are new matter. Examiner notes that several part numbers are incorrectly duplicates, for instance, “hinge 20” are two different hinges, shown in figures 7a and 7b, which are different structures, and used in different locations of the door in figure 6. “hinge plate 22” has two different structures in each of the top and bottom hinges (7a and 7b respectively). Examiner assumes this is equivalent to either part numbers 26 or 28. Examiner notes that the part numbers for “hinge plate 22” needs to be different for all parts of 22, since these are two distinct “plates”. Examiner assumes figure 7a is “20U” for upper hinge and figure 7b is “20L” for lower hinge.
Regarding the shape of the brackets 22 as disclosed, please see previously cited 5960518 Jeong figures 2-3 for the shape of the brackets 22, which are old and well known. Examiner contends that the claim language is met by the prior art as rejected below.
Examiner notes that claim 15 now requires “receiving member includes a D-shaped cross section” which is exclusive to species 1, figures 3-5, which applicant did not elect on 3/11/2024. As such, these claims are considered withdrawn.
Election/Restrictions
Claims 15, 17-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/11/2024. Applicant’s claim 15 now includes “receiving member includes a D-shaped cross section”, which is exclusive to Species 1, figures 3-5, which applicant did not elect on 3/11/2024. As such, claims 15, 17-19 are considered withdrawn.
Specification
The disclosure is objected to because of the following informalities: Applicant calls two different brackets “hinge plates 22” in figures 7a and 7b. These parts have two different structures, and therefore, the nomenclature for each hinge plate must be different, as well as the part numbers. Examiner notes that using upper and lower in the specification would be acceptable, however, the use of the same part numbers will not be acceptable, since these are not identical structures.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the use of number 20 show two different hinges, but applicant uses the same for both hinge; “hinge plate 22” has two different structures, but the same name and part number; the “upper hinge plate”, the “upper bracket”, the “lower hinge plate”, the “lower bracket”. It seems as though applicant now claims both hinges 20 in the claim 1, but does not clearly make these hinges distinct. According to figure 6, the structure of the hinges are different based on the location of the hinge on the door, and therefore these are not interchangeable hinges. All part numbers regarding “hinge plates 22” need to be different, as these are distinct “hinge plates” and are not interchangeable.
All features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 7, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, applicant seems to claim “hinge assembly” with four hinge leaves and two hinge pins. Examiner notes that this would be most clear by claiming an upper hinge (assumed to be figure 7a) and a lower hinge (assumed to be figure 7b). Examiner notes that applicant asserts that part 22 is a “hinge plate” and uses the same part numbers and names for parts for each hinge plate 22, which are different in structure as shown in figures 7a and 7b. Examiner notes that these are two different hinge plates, and should utilize two different part numbers for the plates as well as for each component of the hinge plates 22. Examiner notes that this rejection requires specification and drawing amendments to remedy this issue.
Examiner notes that the “brackets” and the “hinge pins” may be the same in both the upper and lower hinges of figures 7a and 7b, and therefore, these do not require new part names or numbers.
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) 1-3, 5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over 4864691 Gidseg, in view of 1132405 Stites, in view of 5960518 Jeong, in further view of 2017/0030629 Naik.
Regarding claim 1, Gidseg discloses an appliance (refrigerator, figure 1), comprising: an insulated door (12 and 14) coupled to a cabinet 16, the insulated door including a wrapper and a liner (as is customary in the art); and
a hinge assembly (hinges A, B, C, shown in figure 6) operably coupled to the insulated door and the cabinet, the hinge assembly (applicant claims hinges A and C of Gidseg) including:
HINGE A (figure 2): an upper hinge plate 22 operably coupled to the cabinet 16 and including an offset extension 26 defining an upper aperture 24;
an upper bracket (attached to door 12) coupled to the wrapper of the insulated door 12 and including a body 18 and a receiving member 40, the receiving member 40 of the upper bracket defining a channel 48 in a direction orthogonal to the body 18 of the upper bracket;
an upper hinge pin 50 disposed within the upper aperture 24 of the upper hinge plate 22 and positioned within the channel 48 of the receiving member 40 of the upper bracket 18 to operably couple the upper bracket to the upper hinge plate (as is shown in figure 1), the upper hinge pin including a first end, a second end, and a bearing flange 52, wherein the bearing flange 52 of the upper hinge pin is disposed at the first end of the upper hinge pin (shown in figure 2);
HINGE C (figure 4): a lower hinge plate 110 operably coupled to the cabinet 16 and including an L-shaped cross-section (arms 113 show an L shape) and defining a lower aperture 114;
a lower bracket 108 coupled to the wrapper of the insulated door 14 and including a body and a receiving member 128, the receiving member 128 of the lower bracket defining a channel 136 and extending in a direction orthogonal to the body 108 of the lower bracket; and
a lower hinge pin 140 disposed within the lower aperture 114 of the lower hinge plate 110 and positioned within the channel 136 of the receiving member 128 of the lower bracket 108 to operably couple the lower bracket to the lower hinge plate (as is shown in figure 1), the lower hinge pin including a first end, a second end, and a bearing flange 142, wherein the bearing flange 142 of the lower hinge pin is disposed at the first end of the lower hinge pin.
Gidseg does not disclose “vacuum insulated door”, but does require that the door of the refrigerator is insulated. Gidseg discloses the hinges A and C are on the upper and lower edges of two different doors, not the same door. Gidseg discloses the use of a channel extending, but not necessarily along a side member of the brackets. Gidseg discloses the structures of the hinge plates as claimed, but not as show in the disclosed figures 7a and 7b.
Naik discloses that a refrigerator may use a conventional insulated door, or a vacuum insulated door, and that hinges/handles of the refrigerator need to be attached differently based on if vacuum is used with the insulation or not. For vacuum insulated doors, Naik discloses “handle assembly and hinge attachments that are sealingly connected to the door in a manner that ensures that air and/or other gasses do not enter the vacuum cavity” [0046]. Examiner notes that Naik does not explicitly disclose the methods of attachments for vacuum insulated doors, however, examiner notes that welding, soldering, using adhesive, and also making the vacuum insulated cavity smaller than the full volume of the door so that the area adjacent the hinge bracket is not part of the vacuum insulation cavity, are all methods that meet this limitation. Naik also discloses that screws can be used in “conventional (non-vacuum insulated) refrigerator doors” [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date to not only use an equivalent refrigerator door insulation method as taught by Naik in the refrigerator of Gidseg, but also to attach the necessary components in the manner that is required by the door insulation method of Naik (“sealingly connected…in a manner that ensures that air and/or other gasses do not enter the vacuum cavity”). Examiner contends that these are known equivalents and are used for the same purpose within the ordinary skill in the art. See MPEP 2144 (I): “rationale to modify or combine the prior art does not have to be expressly stated in the prior art…it may be reasoned from knowledge generally available to one of ordinary skill in the art”.
Jeong discloses a refrigerator with side by side doors 20 (figure 1) with hinges on the upper and lower edges of the same door. The bottom hinge (figure 2) is known to have an L shaped hinge plate 40, and the upper hinge (figure 3) has a planar hinge plate with an extension 70.
It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the hinges A and C of Gidseg to the same door, as taught by Jeong, as this is old and well known in the art of refrigerators to have side by side doors.
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize the old and well known shapes of hinge plates as is old and well known as shown by figures 2 and 3 of Jeong, to the old and well known hinge of Gidseg, since these are old and well known equivalent shapes for refrigerator hinges brackets.
Stites discloses a hinge assembly with upper and lower hinges, both upper and lower hinges have a channel c6 which is attached to a bracket which has a body c8 and a side member c7, the channel c6 extends along a side member of the upper bracket.
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the shape of the bracket of Gidseg to have a side member as taught by Stites, for the purpose of better mounting surfaces, as taught by Stites. Examiner contends that the change of shape of the bracket of Gidseg allows for different manners of mounting the bracket to the door of Gidseg.
Regarding claim 2, Gidseg as modified discloses the appliance of claim 1, wherein the body of the bracket is welded to the wrapper (Gidseg discloses attaching the hinge brackets to the refrigerator using “bolts or screws, by welding or with the use of an adhesive” column 7 line 47).
Regarding claim 3, Gidseg as modified discloses the appliance of claim 1, wherein the upper hinge plate (22, figure 2) further includes an upper bushing 34 defining an upper bushing opening 38, and the lower hinge plate (110 of figure 4) further includes a lower bushing 120 defining a lower bushing opening 138.
Regarding claim 5, Gidseg as modified discloses the appliance of claim 3, wherein the lower bushing (120) is disposed within the lower aperture 114 of the lower hinge plate 110.
Regarding claim 7, Gidseg as modified discloses the appliance of claim 1, wherein the bearing flange (52, 142) of the hinge pins is operably coupled to a perimeter edge of the receiving members (40, 120), and wherein the hinge pins are rotatably coupled with the receiving members (as taught in Gidseg).
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 EMILY M MORGAN whose telephone number is (303)297-4260. The examiner can normally be reached Mon-Thurs 8-5 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY M MORGAN/Primary Examiner, Art Unit 3677