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
1. 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 5, 11, 16, 24 and 27 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.
With respect to claim 5, “the upper rail” and “the lower rail” lack antecedent basis.
With respect to claim 11, “the inter-door insulating device” and “the two doors” lack antecedent basis.
With respect to claim 16, “the door assembly” and “the rear surface” lack antecedent basis.
With respect to claim 24, “the hydraulic closure mechanism” lacks antecedent basis.
With respect to claim 27, “the door assembly” lacks antecedent basis.
Claim Rejections - 35 USC § 102
2. 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.
3. Claims 1-4, 7, 12, 15, 18, 21, 22, 25, 26, and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,097,642 (Richardson).
With respect to claim 1, Richardson shows a temperature-controlled enclosure for displaying cold items (FIg.1), comprising: a body (cabinet) comprising a front opening (opening covered by doors) and defining an interior space of the enclosure; a frame assembly (12, Fig.1) coupled in the front opening of the body; and one or more doors (10) coupled to the frame assembly, at least one of the doors comprising: an insulated panel assembly (14, 22, 24, Fig.5) comprising two or more panes (14, 22, 24, FIg.5) each comprising an outer edge; and an upper hinge (16, FIg.1, Fig.2) and a lower hinge (18, 20, Fig.1, Fig.3) each comprising a hinge axis and coupled to the insulated panel assembly such that the hinge axes are inside the outer edge of at least one of the two or more panes (14 and 24, Fig.5).
With respect to claim 2, Richardson shows wherein the door further comprises an upper rail (42) and a lower rail (42) each coupled to the insulated panel assembly, the lower hinge (18, 20) is coupled to the lower rail (Fig.3), and the upper hinge (16) is coupled to the upper rail (FIg.2).
With respect to claim 3, wherein at least a portion of at least one of the upper hinge (16) and the lower hinge is behind at least one of the panes (14).
With respect to claim 4, wherein at least a portion of at least one of the upper hinge and the lower hinge (18, 20) is below at least one of the panes (14, 22, 24).
With respect to claim 7, wherein further comprising an insulating device (66, Fig.2) coupled to the frame assembly (12) and configured to contact the door assembly (at frame 42) such that heat transfer is inhibited between ambient air around the temperature- controlled storage enclosure and the interior space of the temperature-controlled enclosure.
With respect to claim 12, further comprising a closure mechanism (torque rod) coupled to at least one of the upper hinge or the lower hinge (18) and configured to close the door.
With respect to claim 15, wherein the frame assembly (12) comprises an upper reinforcing member (Fig.2, section engaging with hinge 16).
With respect to claim 18, alternatively the lower hinge is 18, further comprising an adapter system (20) configured to couple at least one of the doors to the frame assembly (Fig.3), wherein the adapter system comprises an adapter plate (20).
With respect to claim 21, Richardson shows a door (10) for a temperature-controlled enclosure, comprising: an insulated panel assembly (14, 22, 24, FIg.5) comprising two or more panes (14, 22, 24) each comprising an outer edge; and an upper hinge (16) and a lower hinge (18) each comprising a hinge axis and coupled to the insulated panel assembly such that the hinge axes are inside the outer edge of at least one of the two or more panes (14 and 24, FIg.5).
With respect to claim 22, further comprising a guard (42) configured to couple on the insulated panel assembly (Fig.5) to protect at least one of the outer edges (FIg.5).
With respect to claim 25, Richardson shows a temperature-controlled enclosure for displaying cold items, comprising: a body (cabinet) comprising a front opening (covered by the doors, Fig.1) and defining an interior space of the enclosure; a frame assembly (12) coupled in the front opening of the body (Fig.2); one or more doors (Fig.1) coupled to the frame assembly (12); and an insulating device (66) coupled to the frame assembly (12, FIg.2, via magnet 68) and configured to be in contact with a surface (42) of at least one of the doors when the door is closed on the temperature-controlled enclosure (FIg.2) such that heat transfer is inhibited between ambient air around the temperature- controlled storage enclosure and the interior space of the temperature-controlled enclosure.
With respect to claim 26, wherein the insulating device (66, Fig.2) is configured to fill at least a portion of a gap between a side edge of the door (10) and the frame assembly (12, FIg.2).
With respect to claim 32, wherein the door comprises: an insulated panel assembly (Fig.5) comprising two or more panes (14, 22, 24) each comprising an outer edge; and an upper hinge (16) and a lower hinge (18) each comprising a hinge axis and coupled to the insulated panel assembly such that the hinge axes are inside the outer edge of at least one of the two or more panes (14, 24, Fig.5).
4. Claims 25, 26, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0059433 A1 (Lennon).
With respect to claim 25, Lennon shows a temperature-controlled enclosure (1, Fig.1) for displaying cold items, comprising: a body (2, Fig.1) comprising a front opening and defining an interior space (3) of the enclosure; a frame assembly (12, FIg.11) coupled in the front opening of the body; one or more doors (6) coupled to the frame assembly (Fig.11); and an insulating device (18, Fig.11) coupled to the frame assembly (12) and configured to be in contact with a surface of at least one of the doors (6, FIg.11) when the door is closed on the temperature-controlled enclosure (Fig.11) such that heat transfer is inhibited between ambient air around the temperature- controlled storage enclosure and the interior space of the temperature-controlled enclosure.
With respect to claim 26, wherein the insulating device (18) is configured to fill at least a portion of a gap between a side edge of the door (6) and the frame assembly (12, Fig.11).
With respect to claim 27, wherein the insulating device comprises one or more blades (18, Fig.11) configured to resiliently contact a portion of the door (6) when the door assembly is closed (Fig.11).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,097,642 (Richardson) in further in view of US 2009/0072679 A1 (Avila).
With respect to claim 5, Robinson doesn’t disclose an adhesive between one of the panes and one of the upper or lower rail. Avila teaches an adhesive (48, Fig.5) between at least one of the panes (60) and at least one of the upper rail and the lower rail (32, section 0028). It would have been obvious to one having ordinary skill in the art to include adhesive between one of the panes and one of the upper or lower rail, such as taught by Avila, in order to fixedly secure the rail to the panes.
7. Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,097,642 (Richardson) in further in view of US Patent 5,584,143 (Kennedy).
With respect to claim 10, Richardson shows two doors (Fig.1) but doesn’t show inter-door insulating device between the two doors. Kennedy shows two doors (10, Fig.3), at least one of the doors comprising an inter-door insulating device (30, Fig.3) extending between two of the doors (10, 10) and configured to inhibit heat transfer between ambient air around the temperature-controlled storage enclosure and the interior space of the temperature-controlled enclosure. It would have been obvious to one having ordinary skill in the art to modify the doors of Richardson to include an inter-door insulating device between the two doors of Richardson, such as taught by Kennedy, in order to provide an air tight seal between the two doors and prevent outside air from entering the gap between the two doors.
With respect to claim 11, the combination (Kennedy) teaches wherein the inter-door insulating device (30) comprises a blade (30) extending across at least a portion of a gap between the two doors (10, Fig.3).
8. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,097,642 (Richardson) in further in view of US 2022/0373244 A1 (Powade).
With respect to claim 16, Richardson shows wherein the door further comprises: an upper gasket (66, Fig.2) coupled to the door assembly on the rear surface of the door assembly along an upper edge of the door (Fig.2) but doesn’t show a lower gasket. Powade shows a lower gasket (54, Fig.9) coupled to the door assembly on the rear surface of the door assembly along an lower edge of the door, wherein the upper gasket (upper gasket 54) and the lower gasket (lower gasket 54) are each configured to form a seal between the frame assembly (26/28) and the door (36) when the door is closed. It would have been obvious to one having ordinary skill in the art to include a lower gasket to the lower edge of the door of Richardson, such as taught by Powade, in order to provide efficient seal between the frame assembly and the door.
9. Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,097,642 (Richardson) in further in view of US 2022/0356740 A1 (Bacchetti).
With respect to claim 23, Richardson doesn’t show a hydraulic closure. Bacchetti shows a hydraulic closure mechanism (80, Fig.14, 15A, Fig.16A) coupled to at least one of the upper hinge and the lower hinge (20, Fig.14). It would have been obvious to one having ordinary skill in the art to include a hydraulic closure mechanism to the hinge of Richardson, such as taught by Bacchetti, in order to counter and dampen the actions of the closing means of the door to prevent damage to the door.
With respect to claim 24, Richardson shows further comprising a rail (42) above or below at least a portion of at least one of the panes (Fig.2, Fig.3) but doesn’t show a hydraulic closure mechanism. Bacchetti shows a hydraulic closure mechanism (80, Fig.14, 15A, Fig.16A), at least a portion of the hydraulic closure mechanism runs along the rail (S/10, FIg.14). It would have been obvious to one having ordinary skill in the art to include a hydraulic closure mechanism to the assembly of Richardson, such as taught by Bacchetti, in order to counter and dampen the actions of the closing means of the door.
10. Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0059433 A1 (Lennon) in further view of US Patent 5,097,642 (Richardson).
With respect to claim 32, Lennon shows the door comprising an insulated panel assembly (Fig.11) comprising two or more panes (26, 27, 28, Fig.11) each comprising an outer edge. Lennon discloses the doors are hingedly mounted on the frame assembly but doesn’t show the details of the hinge assembly. Richardson shows an upper hinge (16, FIg.1, Fig.2) and a lower hinge (18, 20, Fig.1, Fig.3) each comprising a hinge axis and coupled to the insulated panel assembly such that the hinge axes are inside the outer edge of at least one of the two or more panes (14 and 24, Fig.5). It would have been obvious to one having ordinary skill in the art to include an upper hinge and a lower hinge having axes inside the outer edge of at least one of the panes of Lennon, such as taught by Richardson, in order to pivotally support the top and bottom of the doors and protect the portions of hinges within the insulated panel assembly.
Conclusion
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/HIWOT E TEFERA/Examiner, Art Unit 3637