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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Election/Restrictions
Applicant’s election without traverse of Species III: Figs. 14-17 in the reply filed on 12/5/2025 is acknowledged.
Claims 1-5, 7-9, and 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/5/2025.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 6, 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2025/0137712 to Lessa.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Lessa discloses (Claim 6). A vacuum insulated door 10 for an appliance 12, comprising: a liner 14 with studs 80 extending therefrom; a wrapper 14; a trim breaker coupled the wrapper and the liner and defining an insulation cavity 16 therebetween, wherein an at least partial vacuum is defined in the insulation cavity 16; a sensor assembly 46 coupled to a sensor port defined by the liner, the sensor port in fluid communication with the insulation cavity; a vacuum port assembly 18,20 coupled to the liner and in fluid communication with the insulation cavity; and a port cover 22 including: a base 24 defining at least one opening 26 in which the vacuum port assembly and the sensor assembly are positioned, the base 24 includes stud connectors 82 configured to engage to the studs 80 to couple the base 24 to said vacuum insulated door 10; and a cover assembly 28 coupled to the base 24; (Claim 11). The vacuum insulated door 10 of claim 6, wherein the studs 80 are threaded posts ([0025]) configured to engage a fastener 84 to couple the base 24 to said vacuum insulated door 10.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lessa in view of WO 2022/001696 to Li et al (hereinafter Li).
Lessa discloses all the elements as discussed above including the cover assembly defines engagement features 86 configured to selectively engage engagement apertures 88 (recesses 88) defined by the base 24; wherein an outside wall of the cover assembly extends over the at least one opening 26 of the base 24. The difference being that Lessa fails to clearly disclose the limitations in claim 10.
However, Li discloses a door for an appliance, comprising: a base 10; and a cover assembly coupled to the base 10; wherein the cover assembly includes a cover bracket 21 and a cover plate 20 coupled to an outside wall of the cover bracket 21, and wherein the cover bracket 21 defines engagement features 30 configured to selectively engage engagement apertures defined by the base 10, and further wherein the outside wall of the cover bracket 21 extends over an at least one opening 40 of the base10.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of Li, to modify Lessa to include the limitations in Claim 10 of wherein the cover assembly includes a cover bracket and a cover plate coupled to an outside wall of the cover bracket, and wherein the cover bracket defines engagement features configured to selectively engage engagement apertures defined by the base, and further wherein the outside wall of the cover bracket extends over the at least one opening of the base with a reasonable expectation of success in order to increase the overall versatility of the vacuum insulated door.
Claim(s) 14-16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lessa in view of Li.
Lessa discloses (Claim 14). A port cover for a vacuum insulated door 10, comprising: a base 24 including: a base plate (defined in part by rear bracket face 66) defining an opening 26,48 configured to receive a vacuum port assembly 18,20 and a sensor assembly 46 of said vacuum insulated door, wherein the base defines stud apertures 82 configured to receive studs 80 extending from said vacuum insulated door 10 to couple the base 24 to said vacuum insulated door 10; and walls 58 extending from the base plate, wherein the walls 58 define engagement apertures 88; and a cover assembly 22 including engagement features 86 configured to selectively engage the engagement apertures 88 to selectively couple the cover assembly 22 to the base 24, and wherein an outside wall of the cover assembly extends over the opening 26,48 when coupled to the base 24; (Claim 16). The port cover of claim 14, wherein the engagement features 86 each includes a snap extension and a fastener coupled to the snap extension, wherein the fasteners are configured to snap engage the engagement apertures 88 of the base 24; (Claim 18). The vacuum port cover of claim 14, wherein the studs 80 are threaded posts ([0025]) configured to engage a fastener 84 to couple the base 24 to said vacuum insulated door 10.
The differences being that Lessa fails to clearly disclose the limitations in (i) claim 14 of the cover assembly: a cover bracket including engagement features configured to selectively engage the engagement apertures to selectively couple the cover assembly to the base, and wherein an outside wall of the cover bracket extends over the opening when coupled to the base; and a cover plate coupled to the cover bracket; (ii) claim 15; (iii) claim 19; and (iv) claim 20.
Regarding (i)-(iii), Li discloses a door for an appliance, comprising: a base 10; and a cover assembly coupled to the base 10; wherein the cover assembly includes a cover bracket 21 and a cover plate 20 coupled to an outside wall of the cover bracket 21, and wherein the cover bracket 21 defines engagement features 30 configured to selectively engage engagement apertures defined by the base 10, and further wherein the outside wall of the cover bracket 21 extends over an at least one opening 40 of the base10.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of Li, to modify Lessa to include the limitations in (i) claim 14 of the cover assembly: a cover bracket including engagement features configured to selectively engage the engagement apertures to selectively couple the cover assembly to the base, and wherein an outside wall of the cover bracket extends over the opening when coupled to the base; and a cover plate coupled to the cover bracket; (ii) claim 15 of wherein the cover plate is coupled to the outside wall of the cover bracket via an adhesive; (iii) claim 19 of wherein the cover plate is coextensive with the outside wall of the cover assembly with a reasonable expectation of success in order to increase the overall versatility of the vacuum insulated door.
Regarding (iv) claim 20, since metal and plastic are well-known and commercially available products in making components of an appliance door, it would have been obvious and well within the level of one skilled in the art to modify Lessa to include the limitations in claim 20 of wherein the base is constructed of at least one of a metal material and a metal alloy material, and wherein the cover bracket is constructed of a plastic material with a reasonable expectation of success in order to increase the overall versatility of the vacuum insulated door.
Allowable Subject Matter
Claim 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DANIEL TROY can be reached at (571)270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HVT
December 22, 2025
/HANH V TRAN/Primary Examiner, Art Unit 3637