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 Amendment
The amendment filed January 21st, 2026 has been entered. Claims 1, 5, 10-19, and 24-26 remain pending in the application. The amendments to the claims have overcome each and every 112(b) rejection previously cited in the Non-Final rejection mailed October 24th, 2025. However, the amendment has raised other issues detailed below.
Response to Arguments
Applicant’s arguments, see Pg. 12-16, filed January 21st, 2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Hirath et al. (US Patent No. 6,038,830).
Applicant’s arguments, see Pg. 17-21, filed January 21st, 2026, with respect to the rejection of claim 5 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Kim et al. (US 20120118002).
Applicant’s arguments, see Pg. 21-24, filed January 21st, 2026, with respect to the rejection of claim 14 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Jung et al. (KR 20120139648).
Claim Objections
Claims 1, 14-19, and 24-26 are objected to because of the following informalities:
Claim 1, line 30: “and other end of the” should read “and another end of the”
Claim 14, line 30: “and other end of the side frame” should read “and another end of the side frame”
Claim 24, line 4: “a vacuum adiabatic body” should read “the vacuum adiabatic body”
Claim 25, line 4: “a vacuum adiabatic body” should read “the vacuum adiabatic body”
Claim 26, line 4: “a vacuum adiabatic body” should read “the vacuum adiabatic body”
Claims 15, 17-18, and 26 are also objected to by virtue of their dependency on claim 14.
Claim 16 is also objected to by virtue of its dependency on claim 15.
Claim 19 is also objected to by virtue of its dependency on claim 18.
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 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 and 24 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.
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.
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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
a 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).
Claims 5 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 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 (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),
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 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 of claim 5 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).
However, 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).
However, 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 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
a 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 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong as modified by De Vos, Frysinger, and Kim as applied to claim 5 above, and further in view of Hirath et al. (US Patent No. 6,038,830), hereinafter Hirath.
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).
However, Jeong as modified does not disclose comprising a side frame defining at least one portion of a wall for the inner space, and including a side portion extending from the rear portion of the vacuum adiabatic body toward the front portion of the vacuum adiabatic body.
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 to define at least one portion of a wall for the space 21), and including a side portion extending from the rear portion of the vacuum adiabatic body toward the front portion of the vacuum adiabatic body (See annotated Fig. 2 of Hirath below, support element 27 includes a side portion 27-B extending from the rear portion of the heat insulated housing 10 toward the front portion of the heat insulated housing 10).
Jeong as modified fails to teach a side frame defining at least one portion of a wall for the inner space, and including a side portion extending from the rear portion of the vacuum adiabatic body toward the front portion of the vacuum adiabatic body, 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 including a side portion extending from the rear portion of the vacuum adiabatic body toward the front portion of the vacuum adiabatic body. 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.
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Annotated Fig. 2 of Hirath
Regarding claim 11, 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).
However, Jeong as modified does not disclose comprising a side frame having a first surface to face the inner space and a second surface to face an outside of the inner space.
Hirath teaches a side frame having a first surface to face the inner space and a second surface to face an outside of 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 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).
Jeong as modified fails to teach a side frame having a first surface to face the inner space and a second surface to face an outside of the inner space, however Hirath teaches that it is a known method in the art of refrigerator vacuum panels to include a side frame having a first surface to face the inner space and a second surface to face an outside of 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.
Regarding claim 12, 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).
However, Jeong as modified does not disclose comprising a side frame including a first portion extending from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body.
Hirath teaches comprising a side frame including a first portion extending 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).
Jeong as modified fails to teach a side frame including a first portion extending from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body, however Hirath teaches that it is a known method in the art of refrigerator vacuum panels to include a side frame including a first portion extending from the main portion of the vacuum adiabatic body toward the side portion of the vacuum adiabatic body. 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.
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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), wherein the side frame includes a second portion (See annotated Fig. 2 of Hirath below, second portion 27-B).
Further, as evident by Hirath, at the time of the invention, there had been a recognized problem or need in the art to provide a side frame having first and second portions connecting surfaces of a vacuum panel.
It would have been obvious, to a person having ordinary skill in the art, recognizing that there is a need to provide a side frame having first and second portions connecting surfaces of a vacuum panel, before the effective filing date of the claimed invention, to try options (potential solutions) regarding placement of the first and second portions in relation to the first and second vacuum spaces, since there are known and finite possible options, in order to discover which option yields greatest success. There are 4 possible options: providing the first portion and the second portion to face the first vacuum space, providing the first portion and the second portion to face the second vacuum space, providing the first portion to face the first vacuum space and the second portion to face the second vacuum space, providing the second portion to face the first vacuum space and the first portion to face the second vacuum space. One having ordinary skill in the art could have pursued the known potential solutions, identified in part by Hirath, 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 side frame of the vacuum adiabatic body of Jeong as modified to provide the second portion to face the second vacuum space, and the first portion is to face the first vacuum space in order to improve the strength of the first and second vacuum spaces. Further, the limitations of claim 13 are a result of the modification of references used in the rejection of claim 12 above.
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Annotated Fig. 2 of Hirath
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, Kim et al. (US 20120118002), hereinafter Kim, 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
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
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 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 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 connected to the conductive resistance sheet and other end of the side frame is connected to the second plate (Fig. 6 of Jung depicts one end reinforcing member 230, which corresponds to the side frame, to be connected to 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).
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 connected to the conductive resistance sheet and other end of the side frame is connected to the second 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 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 second portion of the side frame extends from the rear portion of the vacuum adiabatic body toward the front portion of the vacuum adiabatic body, and configured is such that a heat transfer via the side frame toward the front portion of the vacuum adiabatic body can be reduced (See annotated Fig. 2 of Hirath below, second portion 27-B extends from the rear portion of the heat insulated housing 10 toward the front portion of the heat insulated housing 10; Further, Support element 27 of Hirath has the same structure as the claimed side frame and is capable of functioning in the manner claimed).
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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 19, Jeong discloses the vacuum adiabatic body according to claim 18 (see the rejection of claim 18 above), wherein the second portion of the side frame is spaced apart from the front portion of the vacuum adiabatic body (See annotated Fig. 2 of Hirath below, second potion 27-B is spaced apart from the front).
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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).
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVON MOORE/Examiner, Art Unit 3763 March 04th, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763