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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 12th, 2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 24, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US Patent No. 10,274,247), hereinafter Jeong in view of Hirath et al. (US Patent No. 6,038,830), hereinafter Hirath, and De Vos et al. (US Patent No. 5,843,353), hereinafter De Vos.
Regarding claim 1, Jeong discloses a vacuum adiabatic body (Fig. 14, vacuum module 400; Fig. 18; vacuum insulation panel 410) comprising:
a first plate (See annotated Fig. 18 of Jeong below, first plate A) configured to have a first
temperature (the first plate A of Jeong has the same structure as the claimed first plate and is capable of functioning in the manner claimed), the first plate having a first surface (See annotated Fig. 18 of Jeong below, first surface A-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface A-2);
a second plate (See annotated Fig. 18 of Jeong below, second plate B) configured to have a second temperature different than the first temperature (the second plate B of Jeong has the same structure as the claimed second plate and is capable of functioning in the manner claimed), the second plate having a first surface (See annotated Fig. 18 of Jeong below, first surface B-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface B-2), and the second surface of the first plate is to face the first surface of the second plate (See annotated Fig. 18 of Jeong below, second surface A-2 is depicted to face first surface B-1); and
an inner space (Fig. 18, core material 412) to be provided in a vacuum state (Col. 10, lines 44-47, As illustrated in FIG. 18, the vacuum insulation panel 410 may include an envelope 411 whose inside is sealed in a vacuum state and a core material 412 which is provided inside the envelope 411 and holds the atmospheric pressure) between the second surface of the first plate and the first surface of the second plate (See annotated Fig. 18 of Jeong below, core material 412 is depicted to be between second surface A-2 and first surface B-1),
wherein the vacuum adiabatic body is configured to include a main portion (See annotated Fig. 18’ of Jeong below, main portion C), a side portion (See annotated Fig. 18’ of Jeong below, side portion D), a rear portion (See annotated Fig. 18’ of Jeong below, rear portion E) and a front portion (See annotated Fig. 18’ of Jeong below, front portion F),
wherein the inner space is provided to extend from the main portion of the vacuum adiabatic body to the side portion of the vacuum adiabatic body (See annotated Fig. 18’ of Jeong below, core material 412 extend from the main portion of the vacuum adiabatic body C to the side portion of the vacuum adiabatic body D),
wherein the side portion of the vacuum adiabatic body forms a wall of the inner space (See annotated Fig. 18’ of Jeong below, side portion D forms a wall of the core material 412),
wherein the second plate includes a front part (See annotated Fig. 18 of Jeong below, second plate front part B-3) and a side part bent with respect to the front part (See annotated Fig. 18 of Jeong below, second plate side part B-4 is bent with respect to the second plate front part B-3), the front part is exposed to an exterior of the vacuum adiabatic body (See annotated Fig. 18 of Jeong below, second plate front part B-3 is an exterior portion of the Fig. 14, vacuum module 400; Fig. 18; vacuum insulation panel 410), and an edge of the side part is not exposed to the exterior of the vacuum adiabatic body (See annotated Fig. 18 of Jeong below, edge of the side part B-4e is shown to not be exposed to the exterior of the vacuum adiabatic body 400),
wherein the side portion of the vacuum adiabatic body includes the side part of the second plate (See annotated Fig. 18 and 18’ of Jeong below, the side portion of the vacuum adiabatic body D includes the second plate side part B-4),
wherein the second plate includes an edge part (See annotated Fig. 18 of Jeong below, second plate edge part B-5), and the inner space extends from the main portion of the vacuum adiabatic body to the edge part to improve an adiabatic effect (See annotated Fig. 18 and 18’ of Jeong below, core material 412 is depicted to extend from the main portion C to second plate edge part B-5), and
the edge part is provided at an end of the side part, such that the edge part is not observed by a user (See annotated Fig. 18 of Jeong below, second plate edge part B-5 is provided at an end of the side part B-4 the entirety of vacuum module 400 is not observable to a user as it is encased in inner case 20 and outer case 100),
wherein the edge part is provided as a welding part or provided through a process of cocking (The recitation, “wherein the edge part is provided as a welding part or provided through a process such as cocking” is not a patentably distinct feature of the claims as even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP § 2113-I), and
wherein the inner space is provided to extend up to the edge part (See annotated Fig. 1 of Jeong below, core material 412 is depicted to extend up to the edge part B-5),
wherein the edge part is provided to an edge portion of the second plate (See annotated Fig. 1 of Jeong below, edge part B-5 is depicted to be provided to an edge portion of the second plate B-6).
However, Jeong does not disclose a side frame defining at least one portion of a wall for the inner space, and
wherein one end of the side frame is connected to the first plate and other end of the side frame is connected to the second plate by the edge part.
Hirath teaches a side frame defining at least one portion of a wall for the inner space (Fig. 2, heat insulated housing 10, inner surface layer 13, outer surface layer 17, space 21, support element 27; Further, Fig. 2 of Hirath depicts the support element 27 to define at least one portion of a wall for the space 21), and
wherein one end of the side frame is connected to the first plate and other end of the side frame is connected to the second plate by the edge part (Fig. 2, weld seam S1; Col. 5, lines 30-33, The support element 27 is fastened in a vacuum-tight fashion by its legs to the inside, facing the space 21, of the surface layers 13 and 17, by a weld seam S1 (FIG. 2)).
Jeong fails to teach a side frame defining at least one portion of a wall for the inner space, and wherein one end of the side frame is connected to the first plate and other end of the side frame is connected to the second plate by the edge part, however Hirath teaches that it is a known method in the art of refrigerator vacuum panels to include a side frame defining at least one portion of a wall for the inner space, and wherein one end of the side frame is connected to the first plate and other end of the side frame is connected to the second plate by the edge part. This is strong evidence that modifying Jeong as claimed would produce predictable results (i.e. improving the strength and vacuum seal of the panel). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jeong by Hirath and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the strength and vacuum seal of the panel.
Further, Jeong as modified does not disclose wherein the inner space includes a first vacuum space and a second vacuum space, the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space,
wherein a height of the first vacuum space is greater than a height of the second vacuum space.
De Vos teaches wherein the inner space includes a first vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1) and a second vacuum space (See annotated Fig. 1A of De Vos below, second vacuum space V-2), the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1 is shown to be provided more distant from side portion D than the second vacuum space V-2),
wherein a height of the first vacuum space is greater than a height of the second vacuum space (See annotated Fig. 1A of De Vos below, height t2 of first vacuum space V-1 is shown to be larger than height t1 of second vacuum space V-2).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the inner space of the vacuum adiabatic body of Jeong as modified to include includes a first vacuum space and a second vacuum space, the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space, wherein a height of the first vacuum space is greater than a height of the second vacuum space as taught by De Vos. One of ordinary skill in the art would have been motivated to make this modification in order to make evacuated insulation panels of specific non-planar shapes depending on the depth and shape of the grooves (De Vos, Abstract).
Jeong as modified further discloses wherein a first region of the first vacuum space is defined between the second surface of the first plate and the first surface of the second plate, a second region of the first vacuum space is defined between a second portion of the side frame and the first surface of the second plate, and the second vacuum space is defined between a first portion of the side frame (See annotated Fig. 2 of Hirath below, first portion 27-A, second portion 27-B; The first and second vacuum spaces of Jeong as modified would remain within both the first plate and the second plate when modified as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate resulting in the limitation, “wherein a first region of the first vacuum space is defined between the second surface of the first plate and the first surface of the second plate, a second region of the first vacuum space is defined between a second portion of the side frame and the first surface of the second plate, and the second vacuum space is defined between a first portion of the side frame”).
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Annotated Fig. 1A of De Vos
Regarding claim 24 Jeong as modified discloses a refrigerator (Jeong, Fig. 1, refrigerator 1) comprising:
a main body provided with a cavity capable of storing storage goods (Jeong, Fig. 1, main body 10; Col. 6, lines 36-37, The refrigerator 1 includes a main body 10 having a storage compartment 2 therein; Further, the main body 10 has the same structure as the claimed main body and is capable of functioning in the manner claimed);
a door provided to open and close the main body (Jeong, Fig. 1, door 3; Col. 6, lines 37-38, a door 3 for opening and closing the storage compartment 2); and
the vacuum adiabatic body according to claim 1 (See the combination of references used in the rejection of claim 1 above; Jeong, Fig. 14, vacuum module 400; Col. 6, lines 61-66, The main body 10 of the refrigerator 1 may include an inner case 20 forming the storage compartment 2 , an outer case 100 provided outside the inner case 20 to form an appearance of the main body 10, a vacuum insulator module 400 provided between the inner case 20 and the outer case 100 to insulate the storage compartment 2).
Regarding claim 27, Jeong as modified discloses the vacuum adiabatic body according to claim 1 (See the combination of references used in the rejection of claim 1 above), wherein the first plate and the second plate are arranged in a first direction (See annotated Fig. 18 of Jeong below, first plate A and second plate B are arranged in a first direction).
While Jeong as modified may not expressly teach a first width of the first portion of the side frame in a second direction crossing the first direction is greater than a second width of the second portion of the side frame in the second direction of the instant claim, Jeong as modified teaches a side frame. The courts have held the following: In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP § 2144.04-IV-A. Therefore, the side frame of Jeong as modified is capable of operating in the manner claimed and a device having the claimed relative dimensions would not perform differently than the prior art device and is not patentably distinct from the prior art device.
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Annotated Fig. 18 of Jeong
Regarding claim 28, Jeong as modified discloses the vacuum adiabatic body according to claim 1 (See the combination of references used in the rejection of claim 1 above), wherein the side frame further includes:
a third portion configured to connect the first portion of the side frame and the second portion of the side frame (See annotated Fig. 2 of Hirath below, third portion 27-C is depicted first portion 27-A to second portion 27-B). Further, the limitations of claim 28 are the result of the modification of references used in the rejection of claim 1 above.
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Annotated Fig. 2 of Hirath
Claims 5, 10-13, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US Patent No. 10,274,247), hereinafter Jeong in view of Hirath et al. (US Patent No. 6,038,830), hereinafter Hirath, De Vos et al. (US Patent No. 5,843,353), hereinafter De Vos, Frysinger et al. (US Patent No. 6,244,458), hereinafter Frysinger, and Kim et al. (US 20120118002), hereinafter Kim.
Regarding claim 5, Jeong discloses a vacuum adiabatic body (Fig. 14, vacuum module 400; Fig. 18; vacuum insulation panel 410) comprising:
a first plate (See annotated Fig. 18 of Jeong below, first plate A) configured to have a first
temperature (the first plate A of Jeong has the same structure as the claimed first plate and is capable of functioning in the manner claimed), the first plate having a first surface (See annotated Fig. 18 of Jeong 3below, first surface A-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface A-2);
a second plate (See annotated Fig. 18 of Jeong below, second plate B) configured to have a second temperature different than the first temperature (the second plate B of Jeong has the same structure as the claimed second plate and is capable of functioning in the manner claimed), the second plate having a first surface (See annotated Fig. 18 of Jeong below, first surface B-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface B-2), and the second surface of the first plate is to face the first surface of the second plate in a first direction (See annotated Fig. 18 of Jeong below, second surface A-2 is depicted to face first surface B-1 in a first direction);
an inner space (Fig. 18, core material 412) to be provided in a vacuum state (Col. 10, lines 44-47, As illustrated in FIG. 18, the vacuum insulation panel 410 may include an envelope 411 whose inside is sealed in a vacuum state and a core material 412 which is provided inside the envelope 411 and holds the atmospheric pressure) between the second surface of the first plate and the first surface of the second plate (See annotated Fig. 18 of Jeong below, core material 412 is depicted to be between second surface A-2 and first surface B-1); and
wherein the vacuum adiabatic body is configured to include a main portion (See annotated Fig. 18’ of Jeong below, main portion C), a side portion (See annotated Fig. 18’ of Jeong below, side portion D), a rear portion (See annotated Fig. 18’ of Jeong below, rear portion E) and a front portion (See annotated Fig. 18’ of Jeong below, front portion F),
wherein the inner space is provided to extend from the main portion of the vacuum adiabatic body to the side portion of the vacuum adiabatic body (See annotated Fig. 18’ of Jeong below, core material 412 extend from the main portion of the vacuum adiabatic body C to the side portion of the vacuum adiabatic body D).
However, Jeong does not disclose a side frame defining at least one portion of a wall for the inner space.
Hirath teaches a side frame defining at least one portion of a wall for the inner space (Fig. 2, heat insulated housing 10, inner surface layer 13, outer surface layer 17, space 21, support element 27; Further, Fig. 2 of Hirath depicts the support element 27 to define at least one portion of a wall for the space 21).
Jeong fails to teach a side frame defining at least one portion of a wall for the inner space, however Hirath teaches that it is a known method in the art of refrigerator vacuum panels to include a side frame defining at least one portion of a wall for the inner space. This is strong evidence that modifying Jeong as claimed would produce predictable results (i.e. improving the strength and vacuum seal of the panel). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jeong by Hirath and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the strength and vacuum seal of the panel.
However, Jeong as modified does not disclose wherein the inner space includes a first vacuum space and a second vacuum space, the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space,
wherein the first vacuum space and the second vacuum space communicate with each other in a vacuum state,
wherein a height of the first vacuum space is greater than a height of the second vacuum space, and
wherein the first vacuum space has a greater degree of insulation than the second vacuum space.
De Vos teaches wherein the inner space includes a first vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1) and a second vacuum space (See annotated Fig. 1A of De Vos below, second vacuum space V-2), the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1 is shown to be provided more distant from side portion D than the second vacuum space V-2),
wherein the first vacuum space and the second vacuum space communicate with each other in a vacuum state (See annotated Fig. 1A of De Vos below, first vacuum space V-1 and second vacuum space V-2 are in communication with each other),
wherein a height of the first vacuum space is greater than a height of the second vacuum space (See annotated Fig. 1A of De Vos below, height t2 of first vacuum space V-1 is shown to be larger than height t1 of second vacuum space V-2), and
wherein the first vacuum space has a greater degree of insulation than the second vacuum space (See annotated Fig. 1A of De Vos below, height t2 of first vacuum space V-1 is shown to be larger than height t1 of second vacuum space V-2. Therefore, if the insulation material is the same throughout the vacuum adiabatic body, first vacuum space V-1 has a greater degree of insulation than the second vacuum space V-2 since it is larger). Further, the limitations of claim 7 are a result of the modification of references used in the rejection of claim 5 above.
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the inner space of the vacuum adiabatic body of Jeong as modified to include first and second vacuum spaces in communication with each other as taught by De Vos. One of ordinary skill in the art would have been motivated to make this modification in order to make evacuated insulation panels of specific non-planar shapes depending on the depth and shape of the grooves (De Vos, Abstract).
Jeong as modified further discloses wherein the first vacuum space is disposed to face the front portion of the vacuum adiabatic body (See annotated Fig. 1A of De Vos below, first vacuum space V-1 is disposed to face front portion F), and the second vacuum space is disposed to face the front portion of the vacuum adiabatic body and to face the side portion of the vacuum adiabatic body (See annotated Fig. 1A of De Vos below, second vacuum space V-2 is disposed to face front portion F and side portion D), and
wherein the second vacuum space is defined between a first portion of the side frame and the first surface of the second plate (Hirath, Fig. 2, edge strips 28; The first and second vacuum spaces of Jeong as modified would remain within both the first plate and the second plate when modified as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate resulting in the limitation, “wherein the second vacuum space is defined between a first portion of the side frame and the first surface of the second plate”).
Further, Jeong as modified does not disclose comprising an addition mounting portion, the addition mounting portion is provided outside of the second vacuum space, and
Wherein a part is mounted on the addition mounting portion.
However, as evidenced by Frysinger, at the time of the invention, there had been a recognized problem or need in the art to provide an addition mounting portion on the outside of a vacuum adiabatic body (See annotated Fig. 2 of Frysinger below, addition mounting portion G is provided outside of the vacuum panels 62), and
wherein a part is mounted on the addition mounting portion (See annotated Fig. 2 of Frysinger below, handle 42 is mounted on the addition mounting portion G).
It would have been obvious, to a person having ordinary skill in the art, recognizing that there is a need to provide an addition mounting portion on the outside of a vacuum adiabatic body, before the effective filing date of the claimed invention, to try options (potential solutions) regarding placement of the addition mounting portion, since there are known and finite possible options, in order to discover which option yields greatest success. There are 2 possible options: providing the addition mounting portion on the outside of the first vacuum space or providing the addition mounting portion outside of the second vacuum space. One having ordinary skill in the art could have pursued the known potential solutions, identified in part by Frysinger, with a reasonable expectation of success. See MPEP 2143 I. E.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the inner space of the vacuum adiabatic body of Jeong as modified to provide an addition mounting portion and a part is mounted on the addition mounting portion, the addition mounting portion is provided outside of the second vacuum space in order to allow for the attachment of handles (Frysinger, Col.5, lines 16-23).
Further, the recitation “and is to face the second vacuum space in the first direction” is a result of the modification of references described herein as the addition mounting portion was modified herein to be mounted on the outside of the second vacuum space and therefore at least a portion of the three dimensional addition mounting portion will face the second vacuum space in the first direction.
Moreover, Jeong as modified does not disclose wherein at least one first bar is provided in the first vacuum space, and at least one second bar is provided in the second vacuum space, the at least one second bar has a lower height than the at least one first bar.
Kim teaches providing wherein at least one first bar is provided in the first vacuum space, and at least one second bar is provided in the second vacuum space (See annotated Fig. 4of Kim below, vacuum insulation member 10c, first vacuum space V-1’, second vacuum space V-2’, at least one first bar 75-A, at least one second bar 75-B).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the vacuum adiabatic body of Jeong as modified to at least one first bar is provided in the first vacuum space, and at least one second bar is provided in the second vacuum space as taught by Kim. One of ordinary skill in the art would have been motivated to make this modification to improve the strength of the vacuum adiabatic body. Further, it would have been obvious before the effective filing date of the claimed invention to provide the at least one second bar at a lower height than the at least one first bar in order to provide proportional supports to each vacuum chamber to improve the strength of the vacuum adiabatic body since the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP § 2144.04-IV-A. Therefore, the bars of Jeong as modified are capable of operating in the manner claimed and bars of a vacuum adiabatic body having the claimed relative dimensions would not perform differently than the prior art device and is not patentably distinct from the prior art device.
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Regarding claim 10, Jeong as modified discloses the vacuum adiabatic body according to claim 5 (see the combination of references used in the rejection of claim 5 above), wherein a portion of the first vacuum space is defined between a second portion of the side frame and the first surface of the second plate (See annotated Fig. 2 of Hirath below, second portion 27-B; The first and second vacuum spaces of Jeong as modified would remain within both the first plate and the second plate when modified as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate resulting in the limitation, “wherein a portion of the first vacuum space is defined between a second portion of the side frame and the first surface of the second plate”).
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Annotated Fig. 2 of Hirath
Regarding claim 11, Jeong as modified discloses the vacuum adiabatic body according to claim 10 (see the combination of references used in the rejection of claim 10 above), wherein another portion of the first vacuum space is defined between the second surface of the first plate and the first surface of the second plate (The first and second vacuum spaces of Jeong as modified would remain within both the first plate and the second plate when modified as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate resulting in the limitation, “wherein another portion of the first vacuum space is defined between the second surface of the first plate and the first surface of the second plate”).
Regarding claim 12, Jeong as modified discloses the vacuum adiabatic body according to claim 10 (see the combination of references used in the rejection of claim 10 above), wherein the side frame further comprises a third portion configured to connect the first portion of the side frame and the second portion of the side frame (See annotated Fig. 2 of Hirath below, third portion 27-C is depicted first portion 27-A to second portion 27-B). Further, the limitations of claim 12 are the result of the modification of references used in the rejection of claim 10 above.
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Regarding claim 13, Jeong as modified discloses the vacuum adiabatic body according to claim 12 (see the combination of references used in the rejection of claim 12 above).
While Jeong as modified may not expressly teach a first width of the first portion of the side frame in a second direction crossing the first direction is greater than a second width of the second portion of the side frame in the second direction of the instant claim, Jeong as modified teaches a side frame. The courts have held the following: In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP § 2144.04-IV-A. Therefore, the side frame of Jeong as modified is capable of operating in the manner claimed and a device having the claimed relative dimensions would not perform differently than the prior art device and is not patentably distinct from the prior art device.
Regarding claim 25 Jeong as modified discloses a refrigerator (Jeong, Fig. 1, refrigerator 1) comprising:
a main body provided with a cavity capable of storing storage goods (Jeong, Fig. 1, main body 10; Col. 6, lines 36-37, The refrigerator 1 includes a main body 10 having a storage compartment 2 therein; Further, the main body 10 has the same structure as the claimed main body and is capable of functioning in the manner claimed);
a door provided to open and close the main body (Jeong, Fig. 1, door 3; Col. 6, lines 37-38, a door 3 for opening and closing the storage compartment 2); and
the vacuum adiabatic body according to claim 5 (See the combination of references used in the rejection of claim 1 above; Jeong, Fig. 14, vacuum module 400; Col. 6, lines 61-66, The main body 10 of the refrigerator 1 may include an inner case 20 forming the storage compartment 2 , an outer case 100 provided outside the inner case 20 to form an appearance of the main body 10, a vacuum insulator module 400 provided between the inner case 20 and the outer case 100 to insulate the storage compartment 2).
Claims 14-19 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US Patent No. 10,274,247), hereinafter Jeong in view of Frysinger et al. (US Patent No. 6,244,458), hereinafter Frysinger, Hirath et al. (US Patent No. 6,038,830), hereinafter Hirath, and Jung et al. (KR 20120139648), hereinafter Jung.
Regarding claim 14, Jeong discloses a vacuum adiabatic body (Fig. 14, vacuum module 400; Fig. 18; vacuum insulation panel 410) comprising:
a first plate (See annotated Fig. 18 of Jeong below, first plate A) configured to have a first
temperature (the first plate A of Jeong has the same structure as the claimed first plate and is capable of functioning in the manner claimed), the first plate having a first surface (See annotated Fig. 18 of Jeong below, first surface A-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface A-2);
a second plate (See annotated Fig. 18 of Jeong below, second plate B) configured to have a second temperature different than the first temperature (the second plate B of Jeong has the same structure as the claimed second plate and is capable of functioning in the manner claimed), the second plate having a first surface (See annotated Fig. 18 of Jeong below, first surface B-1) and a second surface (See annotated Fig. 18 of Jeong below, second surface B-2), and the second surface of the first plate is to face the first surface of the second plate (See annotated Fig. 18 of Jeong below, second surface A-2 is depicted to face first surface B-1); and
an inner space (Fig. 18, core material 412) to be provided in a vacuum state (Col. 10, lines 44-47, As illustrated in FIG. 18, the vacuum insulation panel 410 may include an envelope 411 whose inside is sealed in a vacuum state and a core material 412 which is provided inside the envelope 411 and holds the atmospheric pressure) between the second surface of the first plate and the first surface of the second plate (See annotated Fig. 18 of Jeong below, core material 412 is depicted to be between second surface A-2 and first surface B-1),
wherein the vacuum adiabatic body is configured to include a main portion (See annotated Fig. 18’ of Jeong below, main portion C), a side portion (See annotated Fig. 18’ of Jeong below, side portion D), a rear portion (See annotated Fig. 18’ of Jeong below, rear portion E) and a front portion (See annotated Fig. 18’ of Jeong below, front portion F),
wherein the vacuum adiabatic body has a heat transfer path between the first plate and the second plate, the heat transfer path passes through the side frame (Fig. 14, heat transfer direction H).
However, Jeong as modified does not disclose wherein an addition mounting portion is provided on the first portion of the side frame where the height of the side frame is lowered outside of the inner space.
However, as evidenced by Frysinger, at the time of the invention, there had been a recognized problem or need in the art to provide an addition mounting portion on the side frame outside of an inner space (See annotated Fig. 2 of Frysinger below, addition mounting portion G is provided on the outer shell 22 outside of the vacuum panels 62).
It would have been obvious, to a person having ordinary skill in the art, recognizing that there is a need to provide an addition mounting portion on the side frame outside of an inner space, before the effective filing date of the claimed invention, to try options (potential solutions) regarding placement of the addition mounting portion, since there are known and finite possible options, in order to discover which option yields greatest success. There are 2 possible options: providing the addition mounting on the first portion of the side frame where the height of the side frame is lowered outside of the inner space or providing the addition mounting portion on the second portion of the side frame outside of the inner space. One having ordinary skill in the art could have pursued the known potential solutions, identified in part by Frysinger, with a reasonable expectation of success. See MPEP 2143 I. E.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to provide an addition mounting portion, the addition mounting portion is provided outside of the second vacuum space in order to allow for the attachment of handles (Frysinger, Col. 5, lines 16-23).
However, Jeong as modified does not disclose a side frame defining at least one portion of a wall for the inner space, the side frame including a first portion to face the second plate, and
wherein a portion of the inner space is defined between the first portion of the side frame and the second surface of the second plate,
the first portion of the side frame is spaced apart from the front portion of the vacuum adiabatic body,
wherein the side frame is formed in a bent shape, and is provided such that the height of the side frame is lowered at an outer portion,
wherein the side frame has a first surface to face the inner space, and a second surface to face an outside of the inner space,
wherein the first portion of the side frame extends from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body, and
wherein the side frame includes a second portion extending in the direction from the first plate to the second plate.
Hirath teaches a side frame defining at least one portion of a wall for the inner space, the side frame including a first portion to face the second plate (Fig. 2, heat insulated housing 10, inner surface layer 13, outer surface layer 17, space 21, support element 27; Further, Fig. 2 of Hirath depicts the support element 27 to define at least one portion of a wall for the space 21 and the support element 27 including first portion 27-A to face the outer surface layer 17), and
wherein a portion of the inner space is defined between the first portion of the side frame and the second surface of the second plate (See annotated Fig. 2 of Hirath below, the space 21 is defined between the first portion 27-A of the support element 27 and both plates 17 and 13),
the first portion of the side frame is spaced apart from the front portion of the vacuum adiabatic body (See annotated Fig. 2 of Hirath below, first portion 27-A of the support element 27 is spaced apart from the front),
wherein the side frame is formed in a bent shape, and is provided such that the height of the side frame is lowered at an outer portion (See annotated Fig. 2 of Hirath below, support element 27 frame is formed in a bent shape, and is provided such that the height H-1 of the support element 27 is lowered at an outer portion),
wherein the side frame has a first surface to face the inner space, and a second surface to face an outside of the inner space (Fig. 2 of Hirath depicts the support element 27 to have a first surface to face the space 21 and a second surface to face the connection element 23 which is outside of the space 21),
wherein the first portion of the side frame extends from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body (See annotated Fig. 2 of Hirath below support element 27 includes a first portion 27-A extending from the main portion 10-A of the heat insulated housing 10 toward the side portion 10-B of the heat insulated housing 10), and
wherein the side frame includes a second portion extending in the direction from the first plate to the second plate (See annotated Fig. 2 of Hirath below support element 27 includes a second portion 27-B extending in the direction from the inner surface layer 13 to the outer surface layer 17).
Jeong as modified fails to teach a side frame defining at least one portion of a wall for the inner space, the side frame including a first portion to face the second plate, wherein a portion of the inner space is defined between the first portion of the side frame and the second surface of the second plate, the first portion of the side frame is spaced apart from the front portion of the vacuum adiabatic body, wherein the side frame is formed in a bent shape, and is provided such that the height of the side frame is lowered at an outer portion, wherein the side frame has a first surface to face the inner space, and a second surface to face an outside of the inner space, wherein the first portion of the side frame extends from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body, and wherein the side frame includes a second portion extending in the direction from the first plate to the second plate, however Hirath teaches that it is a known method in the art of refrigerator vacuum panels to include a side frame defining at least one portion of a wall for the inner space, the side frame including a first portion to face the second plate, wherein a portion of the inner space is defined between the first portion of the side frame and the second surface of the second plate, the first portion of the side frame is spaced apart from the front portion of the vacuum adiabatic body, wherein the side frame is formed in a bent shape, and is provided such that the height of the side frame is lowered at an outer portion, wherein the side frame has a first surface to face the inner space, and a second surface to face an outside of the inner space, wherein the first portion of the side frame extends from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body, and wherein the side frame includes a second portion extending in the direction from the first plate to the second plate. This is strong evidence that modifying Jeong as claimed would produce predictable results (i.e. improving the strength and vacuum seal of the panel). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Jeong by Hirath and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the strength and vacuum seal of the panel.
However, Jeong as modified does not disclose a conductive resistance sheet configured to prevent heat conduction between the first plate and the second plate; and
wherein one end of the side frame is connected to the conductive resistance sheet and other end of the side frame is connected to the second plate.
Jung teaches a conductive resistance sheet configured to prevent heat conduction between the first plate and the second plate (Fig. 5, inner case 110, outer case 120, shielding member 210; Further, shielding member 210 has the same structure as the claimed conductive resistance sheet and is capable of functioning in the manner claimed); and
wherein one end of the side frame is spaced apart from the first plate and is connected to a first end of the conductive resistance sheet and another end of the side frame is connected to the second plate, and a second end of the conductive resistance sheet is connected to the first plate (Fig. 5-6 of Jung depicts one end reinforcing member 230, which corresponds to the side frame, is spaced apart from the inner case 110, which corresponds to the first plate, via the shielding member 210 and is connected to the outer contact surface 211b of the shielding member 210 and another end of the reinforcing member 230 to be connected to the outer case 120, which corresponds to the second plate, and inner contact surface 211a of the shielding member 210 is connected to the inner case 110).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the vacuum adiabatic body of Jeong as modified to include a conductive resistance sheet configured to prevent heat conduction between the first plate and the second plate and wherein one end of the side frame is spaced apart from the first plate and is connected to a first end of the conductive resistance sheet and another end of the side frame is connected to the second plate, and a second end of the conductive resistance sheet is connected to the first plate as taught by Jung. One of ordinary skill in the art would have been motivated to make this modification because when the heat transfer path is lengthened, heat loss occurs during heat transfer and this heat transfer is minimized and suppressed so that the heat outside of the case can be prevented from affecting the inner case (Jung, Pg. 6).
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Regarding claim 15, Jeong as modified discloses the vacuum adiabatic body according to claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the second plate includes a front part (See annotated Fig. 18 of Jeong below, second plate front part B-3) and a side part (See annotated Fig. 18 of Jeong below, second plate side part B-4), the front portion of the vacuum adiabatic body includes the front part of the second plate (See annotated Fig. 18 and 18’ of Jeong below, front portion of the vacuum adiabatic body F includes the second plate front part B-3).
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Regarding claim 16, Jeong as modified discloses the vacuum adiabatic body according to claim 15 (see the combination of references used in the rejection of claim 15 above), wherein the side portion of the vacuum adiabatic body includes the side part of the second plate (See annotated Fig. 18 and 18’ of Jeong below, the side portion of the vacuum adiabatic body D includes the second plate side part B-4) and the first portion of the side frame (See annotated Fig. 2 of Hirath below, side part D’ includes first portion 27-A of the support element 27). Further, the limitations of claim 16 are the result of the modification of references used in the rejection of claim 15 above.
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Regarding claim 18, Jeong discloses the vacuum adiabatic body according to claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the first portion of the side frame is coupled to the second plate of the vacuum adiabatic body, and configured such that a heat transfer via the side frame toward the front portion of the vacuum adiabatic body can be reduced (Hirath, Col. 5, lines 30-33, The support element 27 is fastened in a vacuum-tight fashion by its legs to the inside, facing the space 21, of the surface layers 13 and 17, by a weld seam S1 (FIG. 2); Further, Support element 27 of Hirath has the same structure as the claimed side frame and is capable of functioning in the manner claimed).
Regarding claim 26 Jeong as modified discloses a refrigerator (Jeong, Fig. 1, refrigerator 1) comprising:
a main body provided with a cavity capable of storing storage goods (Jeong, Fig. 1, main body 10; Col. 6, lines 36-37, The refrigerator 1 includes a main body 10 having a storage compartment 2 therein; Further, the main body 10 has the same structure as the claimed main body and is capable of functioning in the manner claimed);
a door provided to open and close the main body (Jeong, Fig. 1, door 3; Col. 6, lines 37-38, a door 3 for opening and closing the storage compartment 2); and
a vacuum adiabatic body according to claim 14 (See the combination of references used in the rejection of claim 1 above; Jeong, Fig. 14, vacuum module 400; Col. 6, lines 61-66, The main body 10 of the refrigerator 1 may include an inner case 20 forming the storage compartment 2 , an outer case 100 provided outside the inner case 20 to form an appearance of the main body 10, a vacuum insulator module 400 provided between the inner case 20 and the outer case 100 to insulate the storage compartment 2).
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong as modified by Frysinger, Hirath, and Jung as applied to claim 14 above, and further in view of De Vos et al. (US Patent No. 5,843,353), hereinafter De Vos.
Regarding claim 17, Jeong as modified discloses the vacuum adiabatic body according to claim 14 (see the combination of references used in the rejection of claim 14 above),
wherein the first plate and the second plate are arranged in a first direction (See annotated Fig. 18 of Jeong below, first plate A and second plate B are arranged in a first direction).
However, Jeong does not disclose wherein the inner space includes a first vacuum space and a second vacuum space, the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space,
wherein a height of the first vacuum space is greater than a height of the second vacuum space.
De Vos teaches wherein the inner space includes a first vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1) and a second vacuum space (See annotated Fig. 1A of De Vos below, second vacuum space V-2), the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space (See annotated Fig. 1A of De Vos below, first vacuum space V-1 is shown to be provided more distant from side portion D than the second vacuum space V-2),
wherein a height of the first vacuum space is greater than a height of the second vacuum space (See annotated Fig. 1A of De Vos below, height t2 of first vacuum space V-1 is shown to be larger than height t1 of second vacuum space V-2), and
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the inner space of the vacuum adiabatic body of Jeong as modified to include a first vacuum space and a second vacuum space, the first vacuum space being provided more distant from the side portion of the vacuum adiabatic body than the second vacuum space, wherein a height of the first vacuum space is greater than a height of the second vacuum space as taught by De Vos. One of ordinary skill in the art would have been motivated to make this modification in order to make evacuated insulation panels of specific non-planar shapes depending on the depth and shape of the grooves (De Vos, Abstract).
Jeong as modified further discloses wherein the side frame further includes a second portion to face the second plate, and
wherein the second portion of the side frame is configured to define a portion of the first vacuum space (The first and second vacuum spaces of Jeong as modified would remain within both the first plate and the second plate when modified as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate resulting in the limitation, “wherein the side frame further includes a second portion to face the second plate, and wherein the second portion of the side frame is configured to define a portion of the first vacuum space”).
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Regarding claim 19, Jeong discloses the vacuum adiabatic body according to claim 17 (see the rejection of claim 17 above).
While Jeong as modified may not expressly teach a first width of the first portion of the side frame in a second direction crossing the first direction is greater than a second width of the second portion of the side frame in the second direction of the instant claim, Jeong as modified teaches a side frame. The courts have held the following: In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP § 2144.04-IV-A. Therefore, the side frame of Jeong as modified is capable of operating in the manner claimed and a device having the claimed relative dimensions would not perform differently than the prior art device and is not patentably distinct from the prior art device.
Response to Arguments
Applicant's arguments filed June 12th, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that “DE VOS et al. does not cure the above-identified deficiencies in JEONG et al. and HIRATH et al. with respect to claim 1. For example, FIG. 1A of DE VOS et al. depicts an example of an insulation panel that includes a left section having a first thickness t1 and a right section having a greater second thickness t2, with a thinner central section having a smaller second thickness t3 to allow the insulation panel to be bent to form a right angle (see FIG. 1B). Thus, DE VOS et al. relates to shaping an insulation panel provided within an evacuated structure to provide a non-linear shape, and does not teach or suggest wherein a first region of the first vacuum space is defined between the second surface of the first plate and the first surface of the second plate, a second region of the first vacuum space is defined between a second portion of the side frame and the first surface of the second plate, and the second vacuum space is defined between a first portion of the side frame, as recited in claim 1”, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Further, as the modified as described herein the inner space of Jeong is simply modified to have first and second vacuum spaces with different heights as taught by De Vos further, the result of the modification places the first and second spaces of Jeong as modified within the first and second plates of the vacuum adiabatic body as described herein and further both the first and second vacuum spaces of Jeong as modified would be at least partially defined between the entirety of the side frame and the inner surfaces of the first plate and the second plate as required by claim 1. See the rejection of claim 1 above.
Applicant’s arguments with respect to claim 5, specifically the arguments that “the combination of references does not teach or suggest a side frame defining at least one portion of a wall for the inner space, wherein the second vacuum space is defined between a first portion of the side frame and the first surface of the second plate, and wherein the vacuum adiabatic body further comprises an addition mounting portion, and the addition mounting portion is provided outside of the second vacuum space and is to face the second vacuum space in the first direction, as recited in claim 5”, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues on Pg. 22-25 (as numbered by the Applicant) of the Remarks, “In another example, claim 14 recites, inter alia: wherein a portion of the inner space is defined between the first portion of the side frame and the second surface of the second plate, ...and wherein one end of the side frame is spaced apart from the first plate and is connected to a first end of the conductive resistance sheet, another end of the side frame is connected to the second plate, and a second end of the conductive resistance sheet is connected to the first plate. As described below, the applied references do not teach or suggest this combination of features.” However, this is not persuasive as Fig. 2 of Hirath depicts the space 21 is defined between the first portion 27-A of the support element 27 and both plates 17 and 13. Further, Fig. 5-6 of Jung depicts one end reinforcing member 230, which corresponds to the side frame, is spaced apart from the inner case 110, which corresponds to the first plate, via the shielding member 210 and is connected to the outer contact surface 211b of the shielding member 210 and another end of the reinforcing member 230 to be connected to the outer case 120, which corresponds to the second plate, and inner contact surface 211a of the shielding member 210 is connected to the inner case 110. See the rejection of claim 14 above.
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
The rejections of independent claims 1, 5, and 14 are maintained. The rejections of dependent claims 10-13, 15-19, and 24-26 are also maintained for at least the reasons described herein. See the rejections of new dependent claims 27-28 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 June 24th, 2026
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