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 .
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 19, 21, 22, 24, 26, 27, 29, 31, 32, and 34 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 19, the limitation “wherein said cabinet is a convention cabinet” renders the claim indefinite because the term “convention cabinet” is not clearly defined by the specification. It is unclear whether “convention cabinet” refers to a cabinet of some sort of traditional standard, or if the limitation is meant to be a conventional oven as described in page 12, lines 1-3 of the specification.
Regarding claim 32, the limitation “wherein said container is a convention oven” renders the claim indefinite because the term “convention oven” is not clearly defined by the specification. For examination purposes, the limitation will be read as a conventional oven as described in page 12, lines 1-3 of the specification.
Claim 21 recites the limitation "said wedge shaped projection" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "said wedge shaped projection" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "said panel frame" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "said housing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "said housing" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 recites the limitation "said housing" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation "said housing" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 34 recites the limitation "said upper hinge" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 25-36 are rejected for depending upon an indefinite claim.
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.
Claim(s) 1-4, 6-8, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Stuart (U.S. Pat. No. 9759000) in view of Ross (U.S. Pat. No. 8313156).
With respect to claim 1, Stuart discloses a magnetic positioning hinge for a horizontal upward pivoting panel, comprising: at least one pivotal horizontal hinge (Fig. 1, hinge 100) including an upper hinge plate (second arm 119 of second hinge component 102) and a lower hinge plate (second arm 110 of first hinge component 101) having adjacent edges bent around a centerline (Figs. 16 and 17 show cylindrical sections 114, 115, and 123 are bent around common centerline to be coaxial as shown in Fig. 2) forming a segmented sleeve defining a knuckle for cooperatively receiving a pin (Fig. 15, cap member 129, 130 extends into cylindrical sections 114, 123 to form a hinge pin); said upper hinge plate (second arm 119 of second hinge component 102) attaching to a top structure (Fig. 5, second structure 1002); said bottom hinge plate (second arm 110 of first hinge component 101) attaching to a bottom structure (Fig. 5, first structure 1001) for pivotally connecting the bottom structure to the top structure (Fig. 5 shows top and bottom structures 1002 and 1001 pivotally connected); a positioning member (first arm 118 of second hinge plate 102) attaching to said upper plate (second arm 119 of second hinge component 102) above the bottom structure (1001); said positioning member (first arm 118 of second hinge plate 102) including a housing (Figs. 11 and 14, recess 120) having a magnet (magnetic element 107) disposed therein for cooperatively engaging a magnet attractive material (magnetic element 105 within first arm 109 of first hinge component 101) affixed to the bottom structure (1001), said housing of said positioning member (recess 120) formed having a selected angle (Fig. 5 shows housing angle of recess 120 within first arm 118 is 90 degrees to the first arm 109 of first hinge component 101) for holding the bottom structure (1001) open at a preset angle (Fig. 7 shows position of hinge after first arm 109 has been rotated 90 degrees toward first arm 118) that correlates with a selected degree (90 degrees) that the bottom structure (1001) is to be held open when said positioning member (first arm 118 of second hinge plate 102) is in cooperative engagement with a metal or a magnetic material affixed to said bottom hinge plate (magnetic material 105 within first arm 109 is attached to second arm 110 of first hinge component 101) for releasably holding the bottom structure (1001) open at a preset position (open position of hinge 100 as shown in Fig. 7).
Stuart fails to disclose the top structure is a frame of a cabinet and the bottom structure is a panel.
Ross discloses a panel (Fig. 2, front panel 4) is attached to a frame of a cabinet (Fig. 1, storage box 1) via a hinge (hinge 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the magnetic hinge of Stuart on a door panel and storage box frame such as taught by Ross in order to secure the upwardly swinging door in an open position, providing easier access to the inside of the storage box. It is further noted that simple substitution of one known element (hinge of Ross) for another (hinges of Stuart) yields predictable results (MPEP 2143 I.B).
With respect to claim 2, Stuart in view of Ross discloses the combination set forth above. Ross further discloses that the hinge (7) may be an elongated continuous hinge or may consist of two or more hinges (Col. 2, lines 49-51).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention when providing the magnetic hinge of Stuart on the storage box of Ross as taught by claim 1, to further replace the plurality of hinges on the storage box of Ross with magnetic hinges such as taught by Stuart in order to evenly distribute the weight of the door across the storage box frame. It is further noted that the mere duplication of parts (hinges of Stuart) has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI.B).
With respect to claim 3, Stuart in view of Ross discloses the limitation set forth above. The combination further discloses wherein said selection of an angle for said positioning member (Stuart, first arm 118) provides means for setting an angle range of a set position (Stuart, flat face of 118 that abuts flat face of 109 as shown in Fig. 7) for holding open said panel (Ross, front panel 4) at any inner angle equal to or less than 180 degrees (open position of Stuart shown in Fig. 7 would door of Ross at an angle of less than 180 degrees).
With respect to claim 4, Stuart in view of Ross discloses the limitation set forth above. The combination (Stuart) further discloses wherein said housing (recess 120) comprises a plastic for the magnet housing (Col. 8, lines 29-31, “main hinge components 101, 102… manufactured from a cheap material such as polyethylene or other plastic”) which does not shield the magnetic field of the magnet used in the hinge assembly (Abstract, “A magnetic force between the first and second magnetic elements bias the first and second hinge components toward a retained position”).
With respect to claim 6, Stuart in view of Ross discloses the limitation set forth above. The combination (Stuart) further discloses wherein said housing (recess 120) is attached to said upper plate (recess 120 is within first arm 118 and attached to second arm 119).
With respect to claim 7, Stuart in view of Ross discloses the limitation set forth above. The combination further discloses wherein said housing (Stuart, recess 120) and said upper plate (Stuart, second arm 119) are formed as an integral structure and said housing is attached to said frame (recess 120 is within first arm 118 which is formed integrally with second arm 119, and attached to storage box of Ross).
With respect to claim 8, Stuart in view of Ross discloses the limitation set forth above. The combination (Ross) further discloses wherein said panel (front panel 4) comprises a window or a door (front panel 4 is a door used for opening and closing a cabinet cavity).
With respect to claim 37, Stuart in view of Ross discloses the limitation set forth above. The combination further discloses wherein said magnet (Stuart, magnetic element 107) has an effective magnetic force to hold said panel (Ross, front panel 4) in an open position based on a position of said magnet (Col. 4, lines 52-57, “The first and second magnetic elements 105, 107 are orientated such that preferably magnetic attraction between the first and second magnetic elements 105, 107 assist in biasing the first and second hinge components 101, 102 toward and maintaining the first and second hinge components 101, 102 in a retained position”) and a selection of magnet housing materials (Fig. 11, cover element 121 of recess 120, which houses magnet 107, are polyethylene or other plastic or glass reinforced nylon (Col. 8, lines 29-35) which are known in the art to not obstruct magnetic fields).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Stuart (U.S. Pat. No. 9759000) in view of Ross (U.S. Pat. No. 8313156) in further view of Feldhahn (U.S. Pat. No. 3152716).
With respect to claim 5, Stuart in view of Ross discloses the limitation set forth above except wherein said housing is wedge shaped.
Feldhahn discloses a magnet housing is wedge shaped (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Stuart in view of Ross such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Stuart (U.S. Pat. No. 9759000) in view of Ross (U.S. Pat. No. 8313156) in further view of Jablonski (U.S. Pat. No. 8661618).
With respect to claim 9, Stuart in view of Ross discloses the limitation set forth above except further including a non-magnetic housing including a magnet therein.
Jablonski discloses a hinge (Fig. 2, hinge assembly 10) with a non-magnetic housing (sleeves 34 and 44, Col. 4, lines 47-50 “plastics”) including a magnet therein (lock bar 60 with ferrous end 64 and magnet 54).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hinge of Stuart in view of Ross such that it includes a locking bar and magnet in order to securely hold the door panel in an open position (Col. 4 lines 3-6) and prevent unintended closure of the door in the instance that an unwanted closing force is applied.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Stuart (U.S. Pat. No. 9759000) in view of Ross (U.S. Pat. No. 8313156) in further view of Kullman (U.S. Pat. No. 8769770).
With respect to claim 10, Stuart in view of Ross discloses the limitation set forth above. The combination (Stuart) discloses the housing comprises a plastic (Col. 8, lines 29-31, “main hinge components 101, 102… manufactured from a cheap material such as polyethylene or other plastic”)
The combination fails to disclose the plastic being an ABS plastic material.
Kullman discloses a hinge (Fig. 3, hinge 10) is made of ABS plastic material (Col. 2, lines 22-25, “The hinge itself may be made from a suitable plastic material such as …acrylonitrile butadiene styrene (ABS)”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to form the plastic magnetic hinge of Stuart with ABS plastic such as taught by Kullman in order to produce a hinge using a durable and low-cost plastic. It is further noted that simple substitution of one known element (plastic of Stuart) for another (ABS plastic of Kullman) yields predictable results (MPEP 2143 I.B).
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Stuart (U.S. Pat. No. 9759000) in view of Ross (U.S. Pat. No. 8313156) in further view of Klinger (U.S. Pub. No. 20200224693).
With respect to claim 38, Stuart in view of Ross discloses the limitation set forth above except said magnet comprises a grade from n35 to n52.
Klinger discloses a magnet (Fig. 2, first magnet 132) comprises a grade from n35 to n52 (Paragraph 0026, “first magnet may comprise a N35-grade neodymium magnet”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the magnet of Stuart to be a grade of n35 in order to produce a pull force great enough to retain the front panel of Ross in an open position.
Claims 11, 13-15, 17, 19, 23-25, 27, 30, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Stuart (U.S. Pat. No. 9759000).
With respect to claim 11, Ross discloses a positioning hinge for a horizontal panel assembly, comprising: a cabinet (Fig. 1, storage box 1) including a left side, a right side, a top, a bottom panel, and back panel (Col. 2, lines 23-25, “The body has an essentially horizontal bottom with essentially vertical sides and a back attached to the top and bottom” as shown in Figs. 1 and 2) and at least one upward pivoting front panel (front panel 4) including a pair of spaced apart aligned horizontal positioning hinges (Col. 2, lines 49-51, “The hinge 7 may be an elongated continuous hinge as shown or may consist of two or more hinges”); the top hinge portion attached to the front side of the cabinet (Fig. 1, top portion of hinge 7 is attached to front face of storage box 1) and the bottom hinge portion (Fig. 2, bottom portion of hinge 7) attached to a panel frame (Fig. 1 shows a frame surrounding areas 5 and 6 of the front panel 4) supporting at least one upward pivoting front panel (Fig. 2, frame supports the front panel 4).
Ross fails to disclose the cabinet having a front panel.
Amdal discloses a cabinet having an upward pivoting front panel (Fig. 2, door 14) hingedly connected to a cabinet front panel (front frame 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the front side of the storage box of Ross to include a front frame, such as taught by Amdal, in order to improve reinforcement of the cabinet structure and to further provide a cover for the seams located between each connecting panel.
Ross in view of Amdal fails to disclose the positioning hinges are magnetic; each one of said pair of horizontal magnetic positioning hinges comprising a pair of pivoting hinge plates including a top plate and a bottom plate joined by a pin, said top plate attaching to said front panel of said cabinet and having a housing having a magnet disposed therein, and said bottom plate including a metal or magnetic material attaching to a panel frame supporting said at least one upward pivoting front panel alignable with said housing of said top plate, whereby pivoting said at least one upward pivoting front panel upward until said bottom plate contacts said magnet positioning member releasably holds said upward pivoting front panel in an upward position.
Stuart discloses a magnetic positioning hinge (Fig. 1, hinge 100); the magnetic positioning hinge (100) comprising a pair of pivoting hinge plates including a top plate (second arm 119 of second hinge component 102) and a bottom plate (first arm 109 of first hinge component 101) joined by a pin (Fig. 15, cap members 129, 130 extend into cylindrical sections 114, 115, 123 to form a hinge pin), said top plate (second arm 119) attachable to a front panel of a cabinet (Fig. 5, second arm 119 attaches to second structure 1002) and having a housing (first arm 118 with recess 120 of second hinge component 102) having a magnet (Fig. 11, second magnetic element 107) disposed therein, and said bottom plate (first arm 109) including a metal or magnetic material (magnetic element 105) attachable to a panel frame supporting at least one upward pivoting front panel (Fig. 5, first structure 1001) alignable with said housing of said top plate (Fig. 7, first arm 109 of first hinge component 101 aligns with first arm 118 of second hinge component 102), whereby pivoting said at least one upward pivoting front panel (first structure 1001) upward until said bottom plate (first arm 109) contacts said magnet positioning member (first arm 118 with second magnetic element 107) releasably holds said upward pivoting front panel (first structure 1001) in an upward position (Abstract, “A magnetic force between the first and second magnetic elements bias the first and second hinge components toward a retained position”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the hinges of Ross with magnetic hinges such as taught by Stuart in order to secure the upwardly swinging door in an open position, providing easier access to the inside of the storage box. It is further noted that simple substitution of one known element (hinge of Ross) for another (hinges of Stuart) yields predictable results (MPEP 2143 I.B).
With respect to claim 13, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said bottom plate (first arm 109) for cooperative magnetic engagement with said housing (first arm 118 with recess 120) is magnetic (first arm 109 comprises first magnetic element 105).
With respect to claim 14, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said panel (front panel 4) comprises a door or a window (front panel 4 is a door used for opening and closing a cabinet cavity).
With respect to claim 15, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said housing (first arm 118 with recess 120) is a non-magnetic housing (Col. 8, lines 29-32, “polyethylene or other plastic”) including a magnet (second magnetic element 107) therein.
With respect to claim 17, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination further discloses wherein said front door (Ross, front panel 4) can be held open at an angle of up to 180 degrees (open position of Stuart shown in Fig. 7 would door of Ross at an angle of less than 180 degrees).
With respect to claim 19, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Ross) further discloses wherein said cabinet is a convention cabinet (storage box 1 is a cabinet).
With respect to claim 23, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination further discloses wherein said housing (Stuart, recess 120) and said upper plate (Stuart, second arm 119) are formed as an integral structure and said housing is attached to said frame (first arm 118 with recess 120 formed integrally with second arm 119, and attached to storage box of Ross).
With respect to claim 24, Ross discloses a container having a positioning hinge for a horizontal panel assembly, comprising: a container (Fig. 1, storage box 1) including a left side, a right side, a top, a bottom panel, and back panel (Col. 2, lines 23-25, “The body has an essentially horizontal bottom with essentially vertical sides and a back attached to the top and bottom” as shown in Figs. 1 and 2) and at least one pivoting front panel (front panel 4) including a pair of spaced apart aligned horizontal positioning hinges (Col. 2, lines 49-51, “The hinge 7 may be an elongated continuous hinge as shown or may consist of two or more hinges”); the top hinge portion attached to the front side of the cabinet (Fig. 1, top portion of hinge 7 is attached to front face of storage box 1) and the bottom hinge portion (Fig. 2, bottom portion of hinge 7) attached to a panel frame (Fig. 1 shows a frame surrounding areas 5 and 6 of the front panel 4) supporting at least one upward pivoting front panel (Fig. 2, frame supports the front panel 4).
Ross fails to disclose the cabinet having a front panel.
Amdal discloses a cabinet having an upward pivoting front panel (Fig. 2, door 14) hingedly connected to a cabinet front panel (front frame 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the front side of the storage box of Ross to include a front frame, such as taught by Amdal, in order to improve reinforcement of the cabinet structure and to further provide a cover for the seams located between each connecting panel.
Ross in view of Amdal fails to disclose the positioning hinges are magnetic; each one of said pair of horizontal magnetic positioning hinges comprising a pair of pivoting hinge plates including a top plate and a bottom plate joined by a pin, said top plate attaching to said front panel of said container and having magnetic positioning member and said bottom plate including a metal or magnetic material attaching to said panel frame supporting said at least one front panel alignable with said magnetic positioning member of said top plate, whereby pivoting said front panel upward until said bottom plate contacts said magnetic positioning member releasably holds said front panel in an upward position at a pre-selected angle.
Stuart discloses a magnetic positioning hinge (Fig. 1, hinge 100), the magnetic positioning hinge (100) comprises a pair of pivoting hinge plates including a top plate (second arm 119 of second hinge component 102) and a bottom plate (first arm 109 of first hinge component 101) joined by a pin (Fig. 15, cap members 129, 130 extend into cylindrical sections 114, 115, 123 to form a hinge pin), said top plate (second arm 119) attachable to a front panel of a container (Fig. 5, second arm 119 attaches to second structure 1002) and having magnetic positioning member (first arm 118 with second magnetic element 107) and said bottom plate (first arm 109) including a metal or magnetic material (magnetic element 105) attachable to a panel frame supporting said at least one front panel (Fig. 5, first structure 1001) alignable with said magnetic positioning member of said top plate (Fig. 7, first arm 109 of first hinge component 101 aligns with first arm 118 of second hinge component 102), whereby pivoting said front panel (first structure 1001) upward until said bottom plate (first arm 109) contacts said magnetic positioning member (first arm 118 with second magnetic element 107) releasably holds said front panel (first structure 1001) in an upward position at a pre-selected angle (Abstract, “A magnetic force between the first and second magnetic elements bias the first and second hinge components toward a retained position”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the hinges of Ross with magnetic hinges such as taught by Stuart in order to secure the upwardly swinging door in an open position, providing easier access to the inside of the storage box. It is further noted that simple substitution of one known element (hinge of Ross) for another (hinges of Stuart) yields predictable results (MPEP 2143 I.B).
With respect to claim 25, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said panel (front panel 4) comprises a door or a window (front panel 4 is a door used for opening and closing a cabinet cavity).
With respect to claim 27, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said bottom plate (first arm 109) for cooperative magnetic engagement with said housing (first arm 118 with recess 120) is magnetic (first arm 109 has a first magnetic element 105).
With respect to claim 30, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination (Stuart) further discloses wherein said front door (Ross, front panel 4) can be held open at an angle of up to 180 degrees (open position of Stuart shown in Fig. 7 would door of Ross at an angle of less than 180 degrees).
With respect to claim 34, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above. The combination further discloses wherein said magnetic positioning member (Stuart, first arm 118 with second magnetic element 107) and said upper plate (Stuart, second arm 119) are formed as an integral structure and said housing is attached to said frame (first arm 118 with recess 120 is formed integrally with second arm 119, and attached to storage box of Ross).
Claims 12, 21, 22, 26, 35, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) and Amdal (U.S. Pat. No. 4087883) in view of Stuart (U.S. Pat. No. 9759000) in further view of Feldhahn (U.S. Pat. No. 3152716).
With respect to claim 12, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein said housing comprises a wedge shaped projection for holding a cabinet door at a selected angle.
Feldhahn discloses a magnet housing has a wedge a shaped projection (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) for holding a top portion (top portion 11) at a selected angle (top portion 11 is held at a 90 degree angle relative to the bottom portion 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
With respect to claim 21, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein a wedge shaped projection is formed at a selected preset angle correlating to a selected degree the front door is held open upon said magnet or magnetic material of said bottom plate contacts said wedge containing said magnet.
Feldhahn discloses wherein a wedge shaped projection (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) is formed at a selected preset angle (beveled portion 33 is 45 degrees from vertical) correlating to a selected degree the top portion is held open (angles of beveled portion 33 matches the angle of the beveled edge of top portion 11) upon said magnet or magnetic material (magnetic rod 25) of said bottom plate (top portion 11) contacts said wedge containing said magnet (beveled portion 33 with permanent magnet 26).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
With respect to claim 22, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein a wedge shaped projection is formed of a selected size and shape to cooperatively engage said magnetic metal or magnetic material and releasably hold said front door open at a selected angle.
Feldhahn discloses a wedge shaped projection (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) is formed of a selected size and shape to cooperatively engage said magnetic metal or magnetic material (permanent magnet 26 engages magnetic rod 25) and releasably hold a pivoting structure open at a selected angle (Fig. 1, top portion 11 is held open at a selected angle).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
With respect to claim 26, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein said housing comprises a wedge shaped projection for holding said panel at a selected angle.
Feldhahn discloses a magnet housing has a wedge a shaped projection (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) for holding said panel (top portion 11) at a selected angle (top portion 11 is held at a 45 degree angle relative to bottom portion 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
With respect to claim 35, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein said magnetic positioning member is a wedge formed at a selected preset angle correlating to a selected degree the front door is held open upon said magnet or magnetic material of said bottom plate contacts said wedge containing said magnet.
Feldhahn discloses wherein a magnetic positioning member is a wedge (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) formed at a selected preset angle (beveled portion 33 is 45 degrees from vertical) correlating to a selected degree the top portion is held open (angles of beveled portion 33 matches the angle of the beveled edge of top portion 11) upon said magnet or magnetic material (magnetic rod 25) of said bottom plate (top portion 11) contacts said wedge containing said magnet (beveled portion 33 with permanent magnet 26).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge
With respect to claim 36, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except wherein said magnetic positioning member is a wedge formed of a selected size and shape to cooperatively engage said magnetic metal or magnetic material and releasably hold said front door open at a selected angle.
Feldhahn discloses a magnetic positioning member is a wedge (Fig. 1, beveled portion 33 that houses a beveled permanent magnet 26 projects upward) formed of a selected size and shape to cooperatively engage said magnetic metal or magnetic material (permanent magnet 26 engages magnetic rod 25) and releasably hold a pivoting structure open at a selected angle (Fig. 1, top portion 11 is held open at a selected angle).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first arm/magnet of Ross in view of Amdal in further view of Stuart such that it is beveled, such as taught by Feldhahn, with a reasonable expectation of success in order to hold the door panel open at a greater angle, providing better access to the contents within storage box, and to further reduce the amount of material needed for manufacturing the hinge.
Claims 16 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) and Amdal (U.S. Pat. No. 4087883) in view of Stuart (U.S. Pat. No. 9759000) in further view of Kullman (U.S. Pat. No. 8769770).
With respect to claims 16 and 29, Stuart in view of Ross discloses the limitation set forth above. The combination (Stuart) discloses the housing comprises a plastic (Col. 8, lines 29-31, “main hinge components 101, 102… manufactured from a cheap material such as polyethylene or other plastic”)
The combination fails to disclose the plastic being an ABS plastic material.
Kullman discloses a hinge (Fig. 3, hinge 10) is made of ABS plastic material (Col. 2, lines 22-25, “The hinge itself may be made from a suitable plastic material such as …acrylonitrile butadiene styrene (ABS)”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to form the plastic magnetic hinge of Stuart with ABS plastic such as taught by Kullman in order to produce a hinge using a durable and low-cost plastic. It is further noted that simple substitution of one known element (plastic of Stuart) for another (ABS plastic of Kullman) yields predictable results (MPEP 2143 I.B).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) and Amdal (U.S. Pat. No. 4087883) in view of Stuart (U.S. Pat. No. 9759000) in further view of Jablonski (U.S. Pat. No. 8661618).
With respect to claim 28, Ross in view of Amdal in further view of Stuart discloses the limitation set forth above except further including a non-magnetic housing including a magnet therein.
Jablonski discloses a hinge (Fig. 2, hinge assembly 10) with a non-magnetic housing (sleeves 34 and 44, Col. 4, lines 47-50 “plastics”) including a magnet therein (lock bar 60 with ferrous end 64 and magnet 54).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hinge of Ross in view of Amdal in further view of Stuart such that it includes a locking bar and magnet in order to securely hold the door panel in an open position (Col. 4 lines 3-6) and prevent unintended closure of the door in the instance that an unwanted closing force is applied.
Claims 11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Kim (KR1983842, using U.S. Pub. No. 20220056742 for translation).
With respect to claim 11, Ross discloses a positioning hinge for a horizontal panel assembly, comprising: a cabinet (Fig. 1, storage box 1) including a left side, a right side, a top, a bottom panel, and back panel (Col. 2, lines 23-25, “The body has an essentially horizontal bottom with essentially vertical sides and a back attached to the top and bottom” as shown in Figs. 1 and 2) and at least one upward pivoting front panel (front panel 4) including a pair of spaced apart aligned horizontal positioning hinges (Col. 2, lines 49-51, “The hinge 7 may be an elongated continuous hinge as shown or may consist of two or more hinges”); the top hinge portion attached to the front side of the cabinet (Fig. 1, top portion of hinge 7 is attached to front face of storage box 1) and the bottom hinge portion (Fig. 2, bottom portion of hinge 7) attached to a panel frame (Fig. 1 shows a frame surrounding areas 5 and 6 of the front panel 4) supporting at least one upward pivoting front panel (Fig. 2, frame supports the front panel 4).
Ross fails to disclose the cabinet having a front panel.
Amdal discloses a cabinet having an upward pivoting front panel (Fig. 2, door 14) hingedly connected to a cabinet front panel (front frame 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the front side of the storage box of Ross to include a front frame, such as taught by Amdal, in order to improve reinforcement of the cabinet structure and to further provide a cover for the seams located between each connecting panel.
Ross in view of Amdal fails to disclose the positioning hinges are magnetic; each one of said pair of horizontal magnetic positioning hinges comprising a pair of pivoting hinge plates including a top plate and a bottom plate joined by a pin, said top plate attaching to said front panel of said cabinet and having a housing having a magnet disposed therein, and said bottom plate including a metal or magnetic material attaching to a panel frame supporting said at least one upward pivoting front panel alignable with said housing of said top plate, whereby pivoting said at least one upward pivoting front panel upward until said bottom plate contacts said magnet positioning member releasably holds said upward pivoting front panel in an upward position.
Kim discloses a magnetic positioning hinge (Fig. 1); the magnetic positioning hinge comprising a pair of pivoting hinge plates including a top plate (coupling plate 110) and a bottom plate (attachment plate 420) joined by a pin (hinge pin 500), said top plate (110) attachable to a front panel of a cabinet (Fig. 3a, coupling plate 110 attaches to door 20) and having a housing (bent part 221) having a magnet (magnet rod 230) disposed therein, and said bottom plate (attachment plate 420) including a metal or magnetic material (Fig. 5a shows attachment plate 420 is a material that is attracted to magnetic rod 230) attachable to a panel frame supporting at least one upward pivoting front panel (Fig. 3a, attachment plate 420 is attached to door frame 10) alignable with said housing of said top plate (Fig. 5a, attachment plate 420 is aligned with bent part 221), whereby pivoting said at least one panel (20) upward until said bottom plate (420) contacts said magnet positioning member (221) releasably holds said panel (10) in an open position (Paragraph 0039, “the magnet rod 230 may be attached and fixed to the attachment plate 420… so that the door 20 may be maintained in an open state from the door frame 10”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the hinges of Ross with magnetic hinges such as taught by Kim in order to secure the upwardly swinging door in an open position, providing easier access to the inside of the storage box. It is further noted that simple substitution of one known element (hinge of Ross) for another (hinges of Kim) yields predictable results (MPEP 2143 I.B).
With respect to claim 24, Ross discloses a container having a positioning hinge for a horizontal panel assembly, comprising: a container (Fig. 1, storage box 1) including a left side, a right side, a top, a bottom panel, and back panel (Col. 2, lines 23-25, “The body has an essentially horizontal bottom with essentially vertical sides and a back attached to the top and bottom” as shown in Figs. 1 and 2) and at least one pivoting front panel (front panel 4) including a pair of spaced apart aligned horizontal positioning hinges (Col. 2, lines 49-51, “The hinge 7 may be an elongated continuous hinge as shown or may consist of two or more hinges”); the top hinge portion attached to the front side of the container (Fig. 1, top portion of hinge 7 is attached to front face of storage box 1) and the bottom hinge portion (Fig. 2, bottom portion of hinge 7) attached to a panel frame (Fig. 1 shows a frame surrounding areas 5 and 6 of the front panel 4) supporting at least one upward pivoting front panel (Fig. 2, frame supports the front panel 4).
Ross fails to disclose the container having a front panel.
Amdal discloses a container having an upward pivoting front panel (Fig. 2, door 14) hingedly connected to a container front panel (front frame 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the front side of the storage box of Ross to include a front frame, such as taught by Amdal, in order to improve reinforcement of the container structure and to further provide a cover for the seams located between each connecting panel.
Ross in view of Amdal fails to disclose the positioning hinges are magnetic; each one of said pair of magnetic positioning hinges comprising a pair of pivoting hinge plates including a top plate and a bottom plate joined by a pin, said top plate attaching to said front panel of said container and having magnetic positioning member and said bottom plate including a metal or magnetic material attaching to said panel frame supporting said at least one front panel alignable with said magnetic positioning member of said top plate, whereby pivoting said front panel upward until said bottom plate contacts said magnetic positioning member releasably holds said front panel in an upward position at a pre-selected angle.
Kim discloses a magnetic positioning hinge (Fig. 1); the magnetic positioning hinge comprising a pair of pivoting hinge plates including a top plate (coupling plate 110) and a bottom plate (attachment plate 420) joined by a pin (hinge pin 500), said top plate (110) attachable to a front panel of a container (Fig. 3a, coupling plate 110 attaches to door 20) and having magnetic positioning member (bent part 221) and said bottom plate including a metal or magnetic material (Fig. 5a shows attachment plate 420 is a material that is attracted to magnetic rod 230) attachable to a panel frame supporting said at least one front panel (Fig. 3a, attachment plate 420 is attached to door frame 10) alignable with said magnetic positioning member of said top plate (Fig. 5a, attachment plate 420 is aligned with bent part 221), whereby pivoting said at least one panel (20) upward until said bottom plate (420) contacts said magnet positioning member (221) releasably holds said panel (10) in an open position (Paragraph 0039, “the magnet rod 230 may be attached and fixed to the attachment plate 420… so that the door 20 may be maintained in an open state from the door frame 10”) at a preselected angle (180 degree angle).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the hinges of Ross with magnetic hinges such as taught by Kim in order to secure the upwardly swinging door in an open position, providing easier access to the inside of the storage box. It is further noted that simple substitution of one known element (hinge of Ross) for another (hinges of Kim) yields predictable results (MPEP 2143 I.B).
Claims 18 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Ross (U.S. Pat. No. 8313156) and Amdal (U.S. Pat. No. 4087883) in view of Kim (KR1983842, using U.S. Pub. No. 20220056742 for translation) in further view of Xu (CN200820122103).
With respect to claim 18, Ross in view of Amdal in further view of Kim discloses the limitation set forth above except further including a bottom plate having an opposing magnet for cooperative magnetic engagement with said housing.
Xu discloses a bottom plate (Fig. 10, steel sheet 33) having an opposing magnet (magnet 34) for cooperative magnetic engagement with said housing (angled plate 26 with magnet 24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the attachment plate of Kim with a steel sheet having a magnet, such as taught by Xu, with a reasonable expectation of success in order to provide a stronger attraction to the magnet on the top hinge plate, thereby more securely holding the door panel in the open position.
With respect to claim 31, Ross in view of Amdal in further view of Kim discloses the limitation set forth above except further including a bottom plate having an opposing magnet for cooperative magnetic engagement with said housing.
Xu discloses a bottom plate (Fig. 10, steel sheet 33) having an opposing magnet (magnet 34) for cooperative magnetic engagement with said housing (angled plate 26 with magnet 24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the attachment plate of Kim with a steel sheet having a magnet, such as taught by Xu, with a reasonable expectation of success in order to provide a stronger attraction to the magnet on the top hinge plate, thereby more securely holding the door panel in the open position.
Allowable Subject Matter
Claims 20, 32, and 33 are 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.
Claims 32 and 33 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 20, neither Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Stuart (U.S. Pat. No. 9759000) nor Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Kim (KR1983842) discloses a controlled vapor cabinet with the magnetic positioning hinge assembly of claim 11. Based on the configuration, it would be improper hindsight to further modify the assembly to be included on a controlled vapor cabinet.
Regarding claims 33 and 32, neither Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Stuart (U.S. Pat. No. 9759000) nor Ross (U.S. Pat. No. 8313156) in view of Amdal (U.S. Pat. No. 4087883) in further view of Kim (KR1983842) discloses a conventional oven or a vapor controlled oven with the magnetic positioning hinge assembly of claim 24. Based on the configuration, it would be improper hindsight to further modify the assembly to be included on a conventional oven or a controlled vapor oven.
Response to Arguments
Further search and consideration has produces references that disclose the limitations of the claims. Therefore, a second action non-final rejection has been made above.
Conclusion
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/E.I.A./ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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