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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 134. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase “wherein the door further comprises a light source configured to emit light outward from the mirror plane toward a user, wherein the light source is positioned behind a panel of the mirror and is configured to emit light from the front surface of the mirror toward the user as the light and the mirror is pointed toward the user at the open position” is indefinite because it is unclear if the “user” is positively claimed in combination with the apparatus.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 18-19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claims 18-19 appear to duplicate limitation recited in claim 15, lines 18-19. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-11, 14, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2130556 to Miller in view of US 20100296298 to Martin, JR. (Martin).
Regarding claim 1, Miller teaches a cabinet mirror unit comprising: a housing (main body 31) extending along a central vertical plane, the housing (cabinet 2) defining a storage space and a front access opening into the storage space; and a door (door or backing 5) comprising a mirror (4) having a front surface defining a mirror plane (see figure 2); the door (4) movably mounted to the housing (2) to be alterable between: (1) a closed position in which the door encloses the front access opening and the front surface of the mirror faces away from the housing (figures 1-2); and (2) an open position in which the storage space is accessible via the access opening, the front surface of the mirror (4) opposes the central vertical plane, and an acute inclusive angle is formed between the central vertical plane and the mirror plane (figure 3).
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The mirror taught by Miller has the ability to face the user as the mirror moves from the close position to the opening position. The user has the ability of move or change positions as the mirror moves.
Miller does not teach the door comprising a light source.
Martin teaches a medicine cabinet 40 comprising mirror 12 having a front surface defining a mirror plane. Martin also teaches mirror 12 further comprises a light source (LED lighting strips 14) configured to emit light outward from the mirror plane. Martin teaches the “lighting system 10 may emit focused light rays 14a toward a user 38” (¶0029).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct mirror of the cabinet taught by Miller with light source as taught by Martin with a reasonable expectation of success to provide means to illuminate a mirror which may eliminate shadows and shading (¶0004).
Regarding claim 2, Miller teaches the housing (2) comprises an inner edge defining the access opening, the inner edge lying in a first plane that is orthogonal to the central vertical plane; and wherein when the door (5) is in the closed position (figures 1-2), the mirror plane is substantially parallel to the first plane.
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Regarding claim 3, Miller teaches the door (5) comprises a first lateral edge portion (figure 2, left edge) and a second lateral edge portion (figure 2, right edge) opposite the first lateral edge portion; and wherein the first lateral edge portion is on one side of the central vertical plane when the door is in the closed position and on an opposite side central vertical plane when the door is in the open position.
Regarding claim 4, Miller teaches the second lateral edge portion is a first orthogonal distance from the central vertical plane when the door is in the closed position (figure 2) and a second orthogonal distance from the central vertical plane when the door is in the open position (figure 3), the second orthogonal distance being greater than the first orthogonal distance.
Regarding claim 5, Miller teaches a mounting assembly movably mounting the door (5) to the housing (2), the mounting assembly configured to both translate and rotate the door (5) when moving between the closed (figure 2) and open (figure 3) positions.
Regarding claim 6, Miller teaches the mounting assembly comprises a first arm (guide device 15) having a first length and a second arm (bracket 7) having a second length that is greater than the first length.
Regarding claim 7, Miller teaches the first arm (15) has a proximal end pivotably coupled to the housing to allow relative rotation about a first pivot axis (15a) and a distal end pivotably coupled to the door to be allow relative rotation about a second pivot axis (17); and the second arm (7) has a proximal end pivotably coupled to the housing (2) to allow relative rotation about a third pivot axis (recesses or eyes 13 of clips 14) and a distal end pivotably coupled to the door to be allow relative rotation about a fourth pivot axis (recess or eye 9 of a clip 10).
Regarding claim 8, Miller teaches the first (15a) and third (recesses or eyes 13 of clips 14) pivot axes are fixed relative to the housing (2) and the second (17) and fourth (recess or eye 9 of a clip 10) pivot axes are fixed relative to the door (5).
Regarding claim 9, Miller teaches the first pivot axis (15a) is located a third orthogonal distance from the central vertical plane and the third pivot axis (recesses or eyes 13 of clips 14) is located a fourth orthogonal distance from the central vertical plane, the fourth orthogonal distance greater than the third orthogonal distance.
Regarding claim 11, Miller teaches the open position is a fully-open position and the acute angle is in a range of 30 to 60 degrees.
Regarding claim 14, Miller teaches the door is free of any light source that emits light from a rear surface of the door.
Regarding claims 15, 18 and 19, Miller teaches a cabinet apparatus comprising: a housing (cabinet 2) extending along a central vertical plane, the housing (2) defining a storage space and an access opening into the storage space; a door (door or backing 5) comprising a mirror (4) having a front surface defining a mirror plane; a mounting assembly movably mounting the door (5) to the housing (2), the mounting assembly comprising: a first arm (guide device 15) having a first length, the first arm (15) having: a proximal end pivotably coupled to the housing (2) to allow the first arm (15) to rotate relative to the housing (2) about a first pivot axis (15a); and a distal end pivotably coupled to the door (5) to allow the first arm (15) to rotate relative to the door (5) about a second pivot axis (17); and a second arm (bracket 7) having a second length that is greater than the first length (figures 2-3), the second arm (7) comprising: a proximal end pivotably coupled to the housing to allow the second arm to rotate relative to the housing about a third pivot axis (recesses or eyes 13 of clips 14); and a distal end pivotably coupled to the door to allow the second arm to rotate relative to the door about a fourth pivot axis (recess or eye 9 of a clip 10).
The mirror taught by Miller has the ability to face the user as the mirror moves from the close position to the opening position. The user has the ability of move or change positions as the mirror moves.
Miller does not teach the door comprising a light source.
Martin teaches a medicine cabinet 40 comprising mirror 12 having a front surface defining a mirror plane. Martin also teaches mirror 12 further comprises a light source (LED lighting strips 14) configured to emit light outward from the mirror plane. Martin teaches the “lighting system 10 may emit focused light rays 14a toward a user 38” (¶0029).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct mirror of the cabinet taught by Miller with light source as taught by Martin with a reasonable expectation of success to provide means to illuminate a mirror which may eliminate shadows and shading (¶0004).
Regarding claim 17, Miller teaches the open position includes an angle in a range of 30 to 60 degrees (figure 3).
Regarding claim 20, Miller teaches a method of operating a cabinet apparatus including a mirror (4), the method comprising: rotating a door (5) coupled to the mirror (4) for the cabinet apparatus (2) about a first axis (15a) based on a proximal end of a first arm (15); rotating the door (5) for the cabinet apparatus (2) about a second axis (17) based on a distal end of the first arm (15); rotating the door (2) for the cabinet apparatus (2) about a third axis (recesses or eyes 13 of clips 14) based on a proximal end of a second arm (7); and rotating the door (5) for the cabinet apparatus (2) about a fourth axis (recess or eye 9 of a clip 10) based on a distal end of the second arm (7), wherein a storage space behind the door (5) and mirror (4) is opened based on rotation of the door (5) about the first axis (15a), the second axis (17), the third axis (recesses or eyes 13 of clips 14), and the fourth axis (recess or eye 9 of a clip 10).
Regarding claims 10 and 10, Miller teaches a stopper (stop means, column 1, lines 12-21) configured to prevent the door from being moved beyond the open position.
Claims 1, 2, 11, 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over KR 101428918 to Kim in view of US 20100296298 to Martin, JR. (Martin).
Regarding claim 1, Kim teaches a bathroom cabinet comprising: a housing (main body 31) extending along a central vertical plane, the housing (31) defining a storage space and a front access opening into the storage space; and a door (door 32 and 33) comprising a mirror (34 and 35) having a front surface defining a mirror plane (see figure 1); the door (34 and 35) movably mounted to the housing (31) to be alterable between: (1) a closed position in which the door encloses the front access opening and the front surface of the mirror faces away from the housing (figures 2 and 4a); and (2) an open position in which the storage space is accessible via the access opening, the front surface of the mirror (34 and 35) opposes the central vertical plane, and an acute inclusive angle is formed between the central vertical plane and the mirror plane (figures 3 and 4b).
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The mirror taught by Kim has the ability to face the user as the mirror moves from the close position to the opening position. The user has the ability of move or change positions as the mirror moves.
Kim does not teach the door comprising a light source.
Martin teaches a medicine cabinet 40 comprising mirror 12 having a front surface defining a mirror plane. Martin also teaches mirror 12 further comprises a light source (LED lighting strips 14) configured to emit light outward from the mirror plane. Martin teaches the “lighting system 10 may emit focused light rays 14a toward a user 38” (¶0029).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct mirror of the cabinet taught by Kim with light source as taught by Martin with a reasonable expectation of success to provide means to illuminate a mirror which may eliminate shadows and shading (¶0004).
Regarding claim 2, Kim teaches the housing (31) comprises an inner edge defining the access opening, the inner edge lying in a first plane that is orthogonal to the central vertical plane; and wherein when the door (32 and 32) is in the closed position (figure 2), the mirror plane is substantially parallel to the first plane.
Regarding claim 11, Kim teaches the open position is a fully-open position and the acute angle is in a range of 30 to 60 degrees.
Regarding claim 14, Kim teaches the door (32 and 33) is free of any light source that emits light from a rear surface of the door.
Regarding claim 15, Kim teaches a cabinet comprising: a housing (main body 31) extending along a central vertical plane, the housing (31) defining a storage space and an access opening into the storage space; a door (32 and 33) comprising a mirror (34 and 35) having a front surface defining a mirror plane; a mounting assembly movably mounting the door (32 and 33) to the housing (31), the mounting assembly comprising: a first arm (second rotating arm 37) having a first length, the first arm having: a proximal end pivotably coupled to the housing (31) to allow the first arm (37) to rotate relative to the housing about a first pivot axis (hinge shaft 39); and a distal end pivotably coupled to the door (32 and 33) to allow the first arm to rotate relative to the door about a second pivot axis (39); and a second arm (first rotating arm 36) having a second length that is greater than the first length, the second arm comprising: a proximal end pivotably coupled to the housing to allow the second arm to rotate relative to the housing about a third pivot axis; and a distal end pivotably coupled to the door to allow the second arm to rotate relative to the door about a fourth pivot axis. Kim teaches “a second rotating arm (37) located inside the first rotating arm (36), and formed to be extended in a relatively shorter length compared with the first rotating arm (36)”, abstract.
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Kim does not teach the door comprising a light source.
Martin teaches a medicine cabinet 40 comprising mirror 12 having a front surface defining a mirror plane. Martin also teaches mirror 12 further comprises a light source (LED lighting strips 14) configured to emit light outward from the mirror plane. Martin teaches the “lighting system 10 may emit focused light rays 14a toward a user 38” (¶0029).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct mirror of the cabinet taught by Kim with light source as taught by Martin with a reasonable expectation of success to provide means to illuminate a mirror which may eliminate shadows and shading (¶0004).
Regarding claim 20, Kim teaches method of operating a cabinet including a mirror, the method comprising: rotating a door (32) coupled to the mirror (34) for the cabinet about a first axis (39) based on a proximal end of a first arm (37); rotating the door (32) for the cabinet about a second axis (39) based on a distal end of the first arm (37); rotating the door (32) for the cabinet about a third axis (39) based on a proximal end of a second arm (36); and rotating the door (32) for the cabinet about a fourth axis (39) based on a distal end of the second arm (36), wherein a storage space behind the door (32) and mirror (34) is opened based on rotation of the door (32) about the first, second, third, and fourth axes (39). See figures 4a-4b.
Kim does not teach the door comprising a light source.
Martin teaches a medicine cabinet 40 comprising mirror 12 having a front surface defining a mirror plane. Martin also teaches mirror 12 further comprises a light source (LED lighting strips 14) configured to emit light outward from the mirror plane. Martin teaches the “lighting system 10 may emit focused light rays 14a toward a user 38” (¶0029).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct mirror of the cabinet taught by Kim with light source as taught by Martin with a reasonable expectation of success to provide means to illuminate a mirror which may eliminate shadows and shading (¶0004).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 and 14-120 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.
Regarding the objection to the drawing. The applicant indicated the specification has been amended to remove the reference numeral 134. No amended specification has been filed.
The amendment to claim 17 overcomes the objection.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631