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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 Feb. 2, 2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-5, 8, 10, 13-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsutsumi et al. (US 5512345) (“Tsutsumi”).
With respect to claim 1, Tsutsumi teaches a first plate – element 3 (Fig. 4), a second plate – element 4 (Fig. 4) spaced apart from the first plate in a first direction to form an empty vacuum space between the first plate and the second plate (col. 3, lines 55-60; col. 4, lines 1-5), a side plate – element 6a (Fig. 4) configured to define a side of the vacuum space, wherein the side plate includes a first curved portion next to the first plate, and a second curved portion next to the second plate – element 6a includes a curved portion; wherein the first and second plates and the side plate provide first, second, and third straight portions – in Fig. 4 the first straight portion is the lowermost portion defined by element 3, the second straight portion is defined by element 4 and the third straight, however vertical portion is defined by 6a, the third straight portion is disposed between the first straight portion and the second straight portion – the straight, vertical portion of 6a is between elements 3 and 4, respectively, the first curved portion is disposed between the first straight portion and the third straight portion – the first curved portion is between element 3 and the vertical straight portion of 6a, and the second curved portion is disposed between the third straight portion and the second straight portion – the second curved portion is disposed between vertical straight portion of 6a and element 4, and wherein a support is supported on the first curved portion or the third straight portion, a portion of the support has an inclined surface, or an extension direction of the first straight portion is the same as an extension direction of the third straight portion – in Fig. 4 element 6 beneath element 4 contacts curved area 7 or element 9 is disposed above element 3, and the vacuum space is an enclosed space sealed by and defined between the first plate, the second plate and the side plate (col. 3, lines 55-60, col. 5, lines 4-14, Fig. 4).
Regarding claim 2, Tsutsumi teaches the body of claim 1, wherein a curvature radius of the first curved portion is greater than a curvature radius of any portion provided on the first plate, or the curvature radius of the first curved portion is less than a curvature radius of the second curved portion (Figs. 4 and 5). The Examiner notes that the curvature radius of the first curved portion is greater than the curvature radius of any horizontal portion or area of element 3, because the horizontal area of element 3 has no curvature; the examiner also notes that claim 2 uses the conjunction “or”, thus, either condition is to be met, not both.
As to claim 5, Tsutsumi teaches the body of claim 1, wherein an angle (A1) of the first curved portion and an angle (A2) of the second curved portion are the same and form an obtuse angle, or an angle of the first curved portion is greater than an angle of at least a portion of the first plate with respect to an extension direction of the first plate – in Fig. 4 the first curved portion inherently has a larger radius of curvature of any horizontal or extension direction of element 3. The Examiner notes that the conjunction “or” is used in claim 5, thus, one or the other condition is to be met, not both.
With respect to claim 8, Tsutsumi teaches that the second plate is configured to provide the second curved portion – in Fig. 4 element 4 delimits element 6a, and thus, provides the second curved portion, and wherein a curvature radius of the second curved portion is greater than a curvature radius of any portion of the second plate, or curvature radius of the second curved portion is less than a curvature radius of the first curved portion – in Fig. 4 the curvature radius of the second curved portion is inherently greater than any horizontal portion or area of the second plate because any horizontal portion of the second plate has no curve.
Regarding claims 13 and 14, Tsutsumi teaches the body of claim 1, wherein the first curved portion is provided at a contact area of the side plate and the first plate – curved portion contacts element 3 (Fig. 4), and wherein the second curved portion is provided at a contact area of the side plate and the second plate – curved portion contacts upper element 4 (Fig. 4).
As to claims 16-17, Tsutsumi teaches the body of claim 1, wherein the side plate includes a first side plate extending in a first side plate direction and a second side plate extending in a second side plate direction different from the first side plate direction – the side plate in Fig. 4 has end portion extending in opposite direction, and wherein a plurality of straight portions are provided together by a single process – claim 17 includes a process limitation imparted onto the product. Because Tsutsumi teach a plurality of straight portions of panels, the prior art anticipates claim 17. As written, claim 17 does not provide any further structural distinction to the product already claimed.
With respect to claim 4, Tsutsumi teaches a vacuum adiabatic body (abstr.), comprising a first plate – element 3 (Fig. 4), a second plate – element 4 (Fig. 4) spaced apart from the first plate in a first direction to form an empty vacuum space between the first plate and the second plate (col. 4, lines 1-15), a side plate configured to define a side of the vacuum space – element 6a (Fig. 4), wherein the side plate includes a first curved portion next to the first plate and a second curved portion next to the second plate; a first support plate configured to support the first plate – element 9 (Fig. 4), and a second support plate configured to support the second plate – element 6 (Fig. 4), wherein the vacuum space includes a vacuum space expansion portion that is further expanded in a longitudinal direction of the vacuum space and has a narrower height in the first direction than the vacuum space – in Fig. 4 where the side plate curves the height of the vacuum space is narrower; wherein the first support plate extends in a direction of a periphery of the second support plate or the first support plate is longer than the second support plate such that the first support plate is inserted into the vacuum space expansion portion – the first support plate – element 9 – extends below the second support plate – element 6, and thus, in a direction of its periphery (Fig. 4). The Examiner notes that “periphery” is defined in the instant specification as to the left or right (or top/bottom) of the center line (p. 6 of the Specification), wherein the vacuum space is an enclosed space sealed by and defined between the first plate, the second plate and the side plate (col. 3, lines 55-60, col. 5, lines 4-14, Fig. 4).
Regarding claims 18 and 19, Tsutsumi teaches the body of claim 4, wherein the side plate includes a first straight portion disposed at an upper side (Fig. 4), and a second plate includes a second straight portion disposed at a lower side – element 4 has its lower side which faces the vacuum space, wherein the lower side is straight (Fig. 4); wherein the side plate includes a third straight portion – i.e. the vertical area of element 6a – between the first straight portion and the second straight portion, the first curved portion between the first straight portion and the third straight portion – the first or lowermost curve of element 6a is the first curved portion (Fig. 4), the topmost curve of element 6a where it extends to meet element 2a is the second curved portion (Fig. 4), wherein the vacuum space expansion portion is defined by at least one of the first curved portion and the second curved portion – the S curve delimits the vacuum space where the S curve narrows (Fig. 4); the first curved portion is provided along the first support plate – element 9.
With respect to claims 10 and 15, Tsutsumi teaches a vacuum adiabatic body (abstr.), comprising a first plate – element 4 (Fig. 4), a second plate – element 3 (Fig. 4), spaced apart from the first plate in a first direction to form an empty vacuum space between the first plate and the second plate, and a side plate configured to define a side of the vacuum space – element 6a (col. 4, lines 1-15, Fig. 4), wherein the side plate includes a first curved portion next to the first plate (Fig. 4), and a second curved portion next to the second plate (Fig. 4), wherein the side plate and the second plate are configured to provide: a first straight portion (side plate’s first straight portion is considered the top of the S curve), a second straight portion under the first straight portion (considered to be element’s 3 straight portion facing the vacuum space), a third straight portion between the first straight portion and the second straight portion (considered to be the vertical portion of 6a), the first curved portion between the first straight portion and the third straight portion (considered to be the topmost curve of the S curve), and the second curved portion between the third straight portion and the second straight portion (considered to be the lowermost portion of the S curve), and wherein the first straight portion of the side plate has an extension direction different from that of the second straight portion, or a first angle of the first curved portion and a second angle of the second curved portion are different from each other (note that the extension direction of the topmost portion of 6a where it meets corner 2a is different from the extension direction of element 3); and wherein the first curved portion and the second curved portion are in one body, the first curved portion and the second curved portion are on the side plate, or the side plate, the first plate, and the second plate are provided as different members (in Fig. 4, the Examiner notes the first, second and side plates are distinct members; the curved portions are on the side plate and the first and second curved portions are in “one body” (being the vacuum panel or element 6)), and the vacuum space is an enclosed space sealed by and defined between the first plate, the second plate and the side plate (col. 3, lines 55-60, col. 5, lines 4-14, Fig. 4).
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Tsutsumi teaches a vacuum adiabatic body (abstr.), comprising first and second plates, and a side plate which defines the vacuum space, the side plate including first and second curved portions, as discussed above. The side plate and the second plate further provide a first straight portion (defined as the horizontal portion of element 4), a second straight portion under the first straight portion (defined as the vertical portion of side plate – element 6a) and a third straight portion (any part of element 6a between element 4 and the second straight portion). The first curved portions of side plate – element 6a – lie between the upper and lower plates; however, Tsutsuni fails to teach or render obvious the first angle of the first curved portion being larger than the second angle of the second curved portion.
Response to Arguments
Applicant’s arguments filed on Feb. 2, 2026 have been fully considered but they are not persuasive.
The Applicant stated that as described in the present application, the recited structures define an empty vacuum space in which the interior of the vacuum space is not filled with any filling material (p. 12 of the Remarks). The Applicant argued that Tsutsuni teaches that there is a vacuum insulation panel provided between elements 4 and 3, and additionally there is provided foam insulation in a corner space between elements 3 and 4 and above a vertically extending vacuum insulation panel 5 and to the side of a horizontal vacuum insulation panel 5 (p. 13 of the Remarks). The Applicant argued that Tsutsuni does not disclose the vacuum space as an enclosed space sealed by and defined between the first plate, the second plate and the side plate as recited in claim 1, and instead discloses a space in which the vacuum insulator panels are disposed and a space in which the vacuum insulator panels are not disposed but is filled with a foamed insulation and thus the space between elements 3 and 4 cannot be regarded as corresponding to the recited empty vacuum space, wherein additional filling 8 is provided within element 6 (p. 14 of the Remarks).
The Examiner notes in the rejection of claim 1 a vacuum adiabatic body including the first plate, the second plate and the side plate as recited in the claim were interpreted and discussed with respect to the top-left part of the cross section of the outer shell of the refrigerator as shown in Fig. 4 of Tsutsuni as discussed above, and as shown by annotations on Fig. 4 in the final Office action of Nov. 10, 2025. The claim’s preamble is open ended, and thus it allows for additional elements to be present in the structure. Regarding the lack of an empty vacuum space between the first plate, the second plate and the side plate, the claims recites “a second plate spaced apart from the first plate in a first direction to form an empty vacuum space between the first plate and the second plate” (lines 3-4 of claim 1). The Examiner notes elements 3 and 4 are spaced from each other in a first direction, as discussed above, and they form an empty vacuum space between elements 3 and 4, and enclosed by element 6a which is then filled with vacuum insulator panel 5. The claim does not preclude other elements as part of the vacuum body and the claim only states that the first and second plates “form an empty vacuum space.” Thus, the plates define the space which may then be filled.
Information Disclosure Statement
The IDS filed on Aud. 19, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The Korean Office Action of June 18, 2025 while listed is not included in the submission and thus, has not been considered.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOANNA PLESZCZYNSKA whose telephone number is (571)270-1617. The examiner can normally be reached M-F ~ 11:30-8.
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783