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 § 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Iwata (U.S. Pat. No. 4720622) in view of Stanitz (U.S. Pat. No. 2521134) in further view of Hof (U.S. Pat. No. 0102125).
With respect to claim 1, Iwata discloses a cooking appliance (Fig. 1, cooking apparatus 1), comprising: a body (Fig. 1, body 11) that defines a cooking cavity ("cooking chamber"); and a mounting plate (Fig. 8, fixing plate 10) including a peripheral flange that extends about all sides of the mounting plate (Fig. 8 shows a flange projecting forwardly along the entire periphery of the fixing plate 10).
Iwata fails to discloses the mounting plate comprises a first panel and a second panel.
Stanitz discloses a mounting plate (Fig. 1, hangers 7) comprises a first panel (left hanger 7) and a second panel (right hanger 7).
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the invention to modify the fixing plate of Iwata to be made of
two separate pieces such as taught by Stanitz in order to reduce its size therefore
reducing the cost of manufacturing and shipment of the fixing member, which may fit in
a smaller package than a full-length single-piece fixing member (Stanitz, Col. 1, lines 26-21). It is further noted that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144.04 V(C).
The combination (Iwata in view of Stanitz) further discloses the mounting plate (Iwata, fixing plate 10) comprises a first panel including a peripheral flange that extends about at least three sides of the first panel (left side of fixing plate 10, as modified by Stanitz to be an independent piece separated from the right side, would have a flanged top, left, and bottom side) and the second panel including a peripheral flange that extends about at least three sides of the second panel (right side of fixing plate 10, as modified by Stanitz to be an independent piece separated from the left side, would have a flanged top, right, and bottom side).
The combination (Iwata in view of Stanitz) fails to disclose the second panel is pivotably coupled to the first panel; a first locking feature coupled to the first panel; and a second locking feature coupled to the second panel, the mounting plate being operable between a folded condition, wherein the second panel is pivoted relative to the first panel such that the mounting plate is operable to fit within the cooking cavity and the first locking feature is disengaged from the second locking feature, and an extended condition in which the mounting plate is configured to support the body in a mounted condition of the cooking appliance, wherein the first and second panels extend generally parallel to each other and the first locking feature is engaged with the second locking feature to maintain the mounting plate in the extended condition, and further wherein the first and second locking features are configured to become engaged with each other upon movement of the mounting plate to the extended condition.
Hof discloses a second panel (Fig. 1, hinge leaf B) is pivotably coupled to a first panel (hinge leaf A); a first locking feature (latch "a") coupled to the first panel (hinge leaf A); and a second locking feature (catch "b") coupled to the second panel (hinge leaf B), the panels being operable between a folded condition (Fig. 3, folded/closed position), wherein the second panel (hinge leaf B) is pivoted relative to the first panel (hinge leaf A) and the first locking feature (latch "a") is disengaged from the second locking feature (Fig. 3, latch "a" is not engaged with catch "b"), and an extended condition (Figs. 1 and 2, extended/open position) , wherein the first and second panels extend generally parallel to each other (Fig. 1, hinge leaves A and B are parallel to each other) and the first locking feature (latch "a") is engaged with the second locking feature (catch "b") to maintain the panels in the extended condition (Col 1, lines 29-31,
"the leaves are further respectively provided with a latch, a, and a catch, b, to lock them
open"), and further wherein the first and second locking features ("a" and "b") are configured to become engaged with each other upon movement to the extended condition (Col. 1, lines 31-33, "said latch and catch being constructed with inclined or cam faces, to adapt them to engage automatically").
It would have been obvious to one having ordinary skill in the art before the
effective filing date of the invention to modify the fixing plate of Iwata in view of Stanitz to include locking hinges such as taught by Hof in order to provide an easily
movable joint between the two separate fixing member pieces, maintaining a smaller-
sized fixing piece for shipping or transportation, and to further easily assemble the fixing
member pieces into proper alignment for mounting onto a wall.
The combination (Iwata in view of Stanitz in further view of Hof) further discloses the first panel and second panel (fixing plate 10 of Iwata as modified by Stanitz to be made up of two pieces) are pivotably coupled to each other (fixing plate 10 of Iwata as modified by Stanitz are coupled via locking hinge of Hof); a first locking feature (Hof, latch "a") coupled to the first panel (left-side fixing plate 10 of Iwata as modified by Stanitz); and a second locking feature (Hof, latch "b") coupled to the second panel (right-side fixing plate 10 of Iwata as modified by Stanitz), the mounting plate being operable between a folded condition (left and right sides of fixing plate 10 of Iwata as modified by Stanitz in folded/closed position of Hof), wherein the second panel is pivoted relative to the first panel such that the mounting plate is operable to fit within the cooking cavity (folded fixing plate 10 of Iwata as modified by Stanitz would fit within "cooking chamber" of Iwata) and the first locking feature (Hof, latch "a") is disengaged from the second locking feature (Hof, catch "b"), and an extended condition (left and right sides of fixing plate 10 of Iwata as modified by Stanitz in extended/open position of Hof) in which the mounting plate (fixing plate 10 of Iwata as modified by Stanitz) is configured to support the body in a mounted condition of the cooking appliance (Iwata, Fig. 4 shows fixing plate 10 supports cooking appliance 1 along a wall), wherein the first and second panels extend generally parallel to each other (left and right side fixing plate 10 of Iwata as modified by Stanitz would extend parallel to each other in the same manner as hinge leaves A and B of Hof as shown in Fig. 2) and the first locking feature (Hof, latch "a") is engaged with the second locking feature (Hof, catch "b") to maintain the mounting plate in the extended condition (fixing plate 10 of Iwata as modified by Stanitz in an extended/open position of Hof), and further wherein the first and second locking features (Hof, latch "a" and catch "b") are configured to become engaged with each other upon movement of the mounting plate to the extended condition (Hof, Col. 1, lines 31-33, "said latch and catch being constructed with inclined or cam faces, to adapt them to engage automatically").
With respect to claim 2, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination (Hof) further discloses wherein the first and second locking features (latch “a” and catch “b”) are configured to be releasably engaged with each other (Fig. 2, headed stem "e" releases latch "a").
With respect to claim 3, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination further discloses wherein the first locking feature (Hof, latch "a") includes at least one snap fit prong (Hof, hook-shaped end of latch "a") and the second locking feature (Hof, catch "b") includes at least one receiving aperture (Hof, open-channel portion of catch "b") that is configured to receive the at least one snap fit prong (Hof, hook-shaped end of latch "a") to maintain the first and second panels (left and right-sides of fixing plate 10 of Iwata as modified by Stanitz) in the extended condition (Hof, extended/open position as shown in Fig. 2).
With respect to claim 4, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination further discloses wherein the mounting plate (fixing plate 10 of Iwata as modified by Stanitz) comprises: a hinge assembly (Hof, hinge leaves A and B) that is operably coupled to the first and second panels (Hof, hinge leaves A and B have screw holes for coupling to left and right sides of fixing plate 10 of Iwata as modified by Stanitz) and configured to facilitate pivotal movement of the first panel relative to the second panel (Hof, hinge leaves A and B are pivotable with respect to each other).
With respect to claim 5, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination further discloses wherein the hinge assembly (Hof, hinge leaves A and B) is capable of restricting pivoting of the first and second panels (left and right sides of fixing plate 10 of Iwata as modified by Stanitz) beyond the extended condition of the mounting plate (Hof, Fig. 1, catch "b" would collide with projection "c" if hinge leaves A and B were pivoted beyond the extended/open position as shown in Fig. 2, preventing over-rotation of hinge leaves A and B).
With respect to claim 6, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination further discloses wherein the hinge assembly (Hof, hinge leaves A and B) is configured to restrict pivoting of the first and second panels (left and right sides of fixing plate 10 of Iwata as modified by Stanitz) beyond the extended condition (Hof, Fig. 1, catch "b" would collide with projection "c" if hinge leaves A and B were pivoted beyond the extended/open position as shown in Fig. 2, preventing over-rotation of hinge leaves A and B), such that the pivotal range of motion of the second panel relative to the first panel is not more than about 180 degrees (Hof, Figs. 2 and 3 show one hinge leaf rotates about 180 degrees with respect to the other hinge leaf).
With respect to claim 7, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination further discloses wherein the hinge assembly (Hof, hinge leaves A and B) comprises: a pivot pin (Hof, Fig. 2 shows a pin located at the center of the hinge knuckles); a first leaf coupled to the first panel (Hof, hinge leaf A coupled to left-side fixing plate of Iwata as modified by Stanitz) and having a sleeve portion through which the pivot pin extends (Hof, Fig. 1 shows hinge leaf A has a lower hinge knuckle) and at least one stop (Hof, right-side wall of projection “c”) that extends about a portion of a circumference of the pivot pin (Hof, Figs. 2 and 3 show right-side wall of projection “c” curves around a portion of the hinge pin); and a second leaf coupled to the second panel (Hof, hinge leaf B coupled to right-side fixing plate of Iwata as modified by Stanitz) and having a sleeve portion through which the pivot pin extends (Hof, Fig. 1 shows hinge leaf B has an upper hinge knuckle) and at least one stop (Hof, left-side outer surface of catch “b”) that extends about a portion of a circumference of the pivot pin (Hof, Figs. 2 and 3 show left-side outer surface of latch “b” extends and pivots around a portion of the hinge pin), wherein the sleeve portions of the first and second leaves (knuckles of hinge leaves A and B) are configured to rotate about the pivot pin to facilitate pivotal movement of the first panel relative to the second panel (Hof, Figs. 2 and 3 show hinge leaves A and B rotate about the hinge pivot), the sleeve portion of the first leaf (Hof, knuckle of hinge A) alternate with the sleeve portion of the second leaf (Hof, knuckle of hinge B) along a length of the pivot pin, and the at least one stop of the first leaf (Hof, right-side wall of projection “c”) and the at least one stop of the second leaf (Hof, left-side outer surface of catch “b”) abut each other in the extended position of the mounting plate (Hof, right-side wall of projection “c” and left-side outer surface of catch “b” are adjacent to each other in extended position of Fig. 2) to restrict pivotal movement of the first and second panels beyond the extended condition (Hof, right-side wall of projection “c” and left-side outer surface of catch “b” would collide if hinge leaves A and B were pivoted beyond the extended/open position as shown in Fig. 2, preventing rotation of hinge leaves A and B beyond the extended position).
The combination discloses the claimed invention except for the first and second leaves each having a plurality of sleeve portions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention modify the hinge leaves of Hof to include a plurality of knuckles, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 VI (B).
With respect to claim 8, Iwata in view of Stanitz in further view of Hof discloses the limitation set forth above. The combination (Iwata) further discloses wherein the cooking appliance is a microwave oven (Col. 3, line 31, “a microwave oven”).
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (U.S. Pat. No. 7129452) in view of Stanitz (U.S. Pat. No. 2521134) in further view of Scanlon (U.S. Pat. No. 12098579).
With respect to claim 17, Cho discloses a cooking appliance, comprising: a body that defines a cooking cavity (Fig. 2, wall-mounted microwave 1 defines cooking chamber 11); and a mounting plate (fixing member 40).
Cho fails to disclose the mounting plate includes a first panel and a second panel.
Stanitz discloses a mounting plate (Fig. 1, hangers 7) includes a first panel (left hanger 7) and a second panel (right hanger 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the fixing member of Cho to be made of two separate pieces such as taught by Stanitz in order to reduce its size therefore reducing the cost of manufacturing and shipment of the fixing member, which may fit in a smaller package than a full-length single-piece fixing member (Stanitz, Col. 1, lines 26-21). It is further noted that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144.04 V(C).
The combination fails to disclose at least one locking feature, a folded condition, and an extended condition, wherein the at least one locking feature is configured to be engaged to maintain the extended condition.
Scanlon discloses at least one locking feature (Fig. 1C, couplers 106 with receivers 108), including an upper snap fit prong (uppermost coupler 106) and a lower snap fit prong (lowermost coupler 106) on a first panel (first leaf 102A) and an upper receiving aperture (right-angle channel formed on the uppermost receiver 108 at receiver tooth 108A) and a lower aperture (right-angle channel formed on the lowermost receiver 108 at receiver tooth 108A) on the second panel (second leaf 102B), wherein the upper receiving aperture receives the upper snap fit prong (Fig. 1C, coupler tooth 106A on uppermost coupler 106 is received by the right-angle channel formed on the uppermost receiver 108 at receiver tooth 108A) and the lower receiving aperture receives the lower snap fit prong (Fig. 1C, coupler tooth 106A on lowermost coupler 106 is received by the right-angle channel formed on the lowermost receiver 108 at receiver tooth 108A); a folded condition (Col. 8, lines 16-17, “…thus allowing the latching hinge mechanism to fold to the folded up, non-deployed configuration”), wherein the second panel is pivoted relative to the first panel (Figs. 1B and 1D show leaves 102A and 102B pivot relative to each other), and an extended condition (Figs. 1C and 1D, latched/deployed position) wherein the at least one locking feature (couplers 106 with receivers 108) is configured to maintain the extended condition (Col. 6, lines 19-21, “latching hinge mechanism 100 is shown with the leaves 102A, 102B in a 180 degree orientation when latched”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the fixing plate of Cho in view of Stanitz to include a latching hinge system such as taught by Scanlon in order to provide an easily movable joint between the two separate fixing member pieces, maintaining a smaller-sized fixing piece for shipping or transportation, and to further easily assemble the fixing member pieces into proper alignment for mounting onto a wall.
The combination (Cho in view of Stanitz in further view of Scanlon) further discloses the first panel and second panel (fixing member 40 of Cho as modified by Stanitz to be made up of two pieces) are pivotably coupled to each other (fixing member 40 of as modified by Stanitz are coupled via leaves 102A and 102B of Scanlon), the mounting plate being operable between a folded condition (left and right sides of fixing member 40 of Cho as modified by Stanitz in folded/non-deployed position of Scanlon), wherein the second panel is pivoted relative to the first panel such that the mounting plate is operable to fit within the cooking cavity (folded fixing member 40 of Cho as modified by Stanitz would fit within cooking chamber 11), and an extended condition (left and right sides of fixing member 40 of Cho as modified by Stanitz in latched/deployed position of Scanlon), in which the mounting plate (fixing member 40 of Cho as modified by Stanitz) is operable to support the body in a mounted condition (Cho, fixing member 40 has hooks 44 for supporting microwave 1), wherein the at least one locking feature (Scanlon, couplers 106 and receivers 108) is configured to be engaged to maintain the mounting plate in the extended condition (Col. 6, lines 19-21, “latching hinge mechanism 100 is shown with the leaves 102A, 102B in a 180 degree orientation when latched”).
With respect to claim 18, Cho in view of Stanitz in further view of Scanlon discloses the limitation set forth above. The combination further discloses wherein the first and second panels (left and right sides of fixing member 40 of Cho as modified by Stanitz) extend generally parallel to each other in the extended condition (left and right sides of fixing member 40 of Cho as modified by Stanitz would extend parallel to each other in the same manner as leaves 102A and 102B of Scanlon as shown in Figs. 1C and 1D).
With respect to claim 19, Cho in view of Stanitz in further view of Scanlon discloses the limitation set forth above. The combination further discloses wherein the at least one locking feature (Scanlon, couplers 106 and receivers 108) is configured to become engaged to maintain the mounting plate in the extended condition (fixing member 40 of Cho as modified by Stanitz in latched/deployed position of Scanlon) upon movement of the mounting plate to the extended condition (Scanlon, Col. 6, lines 32-34, “latching hinge mechanism 100 allows a folded structure to be unfolded and snap into a locked position and shape when fully deployed”).
With respect to claim 20, Cho in view of Stanitz in further view of Scanlon discloses the limitation set forth above. The combination further discloses wherein the mounting plate (fixing member 40 of Cho as modified by Stanitz) includes a hinge assembly (Scanlon, leaves 102A and 102B) configured to restrict pivotal movement of the first and second panels (left and right sides of fixing plate 40 of Cho as modified by Stanitz) relative to each other beyond the extended condition of the mounting plate (Col. 6, lines 22-24, “the coupler 106 and receiver 108 can allow the hinge to latch in any angle β between about 0 degrees and about 180 degrees” therefore the angle between leaves 102A and 102B does not exceed 180 degrees. Further, couplers 106 would abut second latch surface 102B’ and receivers 108 would abut first latch surface 102A’ when overextended as shown in Figs. 1C and 1D, preventing the leaves from extending beyond 180 degrees).
Response to Arguments
Rejections under 35 U.S.C. § 103 – Cho (US7129452) in view of Stanitz (US2521134) in further view of Hof (US0102125):
Claim 1 has been amended to include the first and second panels each include a peripheral flange that extends about at least three sides of the first panel. Cho in view of Stanitz in further view of Hof fails to disclose this new limitation. Therefore, the rejection made on 11/25/2025 has been withdrawn. However, upon further consideration, a new ground of rejection has been made in view of Iwata (US4720622) in view of Stanitz in further view of Hof.
Iwata discloses a microwave oven comprising a fixing plate (10) having a flange that extends about the entire periphery (top, bottom, left, and right sides) of the fixing plate (10). As mapped in the claim 1 rejection above, it would have been obvious to modify the fixing plate of Iwata to be made of two separate pieces such as taught by Stanitz in order to reduce its size therefore reducing the cost of manufacturing and shipment of the fixing member, which may fit in a smaller package than a full-length single-piece fixing member (Stanitz, Col. 1, lines 26-21). This modification would result in each separate panel of the fixing plate (10) of Iwata having a flange that extends about at least three sides (top, bottom, and left or right sides) of the panel.
Claim 17 has been amended to include the new limitation of the locking feature including an upper snap-fit prong, a lower snap-fit prong, an upper receiving aperture, and a lower receiving aperture. Cho in view of Stanitz in further view of Hof fails to disclose this new limitation. However, the Examiner notes that the locking feature of Hof (latch “a”) as described in the Claim 3 rejection made on 11/25/2025 includes a single snap-fit prong (hook-shaped end of latch “a”) and a single receiving aperture (open channel portion of catch “b”). It would be obvious to one of ordinary skill in the art to provide a second locking latch with hook/channel in order to provide additional locking support in the event that one latch fails. Further, it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 VI (B).
Upon further consideration, a new ground of rejection has been made in view of Cho in view of Stanitz in further view of Scanlon (US12098579). As mapped in the claim 17 rejection above, Scanlon discloses a locking feature (couplers 106 and receivers 108) having an upper snap-fit prong, an upper receiving aperture, a lower snap-fit prong, and a lower receiving aperture.
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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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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/E.I.A./ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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