Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings filed 3/13/2024 and 8/29/2025 are not proper black and white line drawings. This is frequently the result of drawings which are filed in a very dark grey (so dark that it appears black such as RGB value 37, 37, 37) instead of pure black (RGB value 0, 0, 0). While very dark grey may appear black, it causes artifacts and inconsistent line thickness. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning (see MPEP 608, 37 CFR 1.84(l))
Applicant is encouraged to view the drawings on file in the immediate application in Patent Center to more clearly see these line quality issues, as they may not be apparent on the Applicant’s copy of the drawings, as very dark grey may appear black to the eye.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The replacement drawings filed 8/29/2025 have not overcome the drawing quality issues above.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-12, and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 has been amended to require: during an opening rotation of the movable seat relative to the fixed seat, a movement ratio between the displacement in the first direction and the displacement in the second direction gradually increases, during a first stage of opening the door, a main movement of the door is outward, in a second stage of opening the door, a main movement of the door is forward, in a third stage of opening the door, a main movement of the door is rotational; and during an opening rotation of the movable seat relative to the fixed seat, a movement ratio between the displacement in the first direction and the displacement in the second direction gradually decreases, during a first stage of opening the door, a main movement of the door is forward, in a second stage of opening the door, a main movement of the door is outward, in a third stage of opening the door, a main movement of the door is rotational.
There is no support in the original disclosure for the hinge having a first stage main movement that is both outward and forward during opening rotation. Additionally there is no support in the original disclosure for the hinge having a second stage main movement that is both forward and outward during opening rotation. These are disclosed as alternative embodiments and are mutually exclusive. These claim amendments are therefore new matter.
Dependent claims 4-12 and 15 contain the same limitations as claim 1 and are rejected for the same reason.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-12, and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the pivot side”. There is insufficient antecedent basis for this limitation in the claim. This should be replaced with “a pivot side”.
Claim 4 recites the limitation “a pivot side”. A “pivot side” has been previously recited in amended claim 1. This should be replaced with “the pivot side”.
Claim 11 recites the limitation “a pivot side”. A “pivot side” has been previously recited in amended claim 1. This should be replaced with “the pivot side”.
Independent claim 1 has been amended to require: during an opening rotation of the movable seat relative to the fixed seat, a movement ratio between the displacement in the first direction and the displacement in the second direction gradually increases, during a first stage of opening the door, a main movement of the door is outward, in a second stage of opening the door, a main movement of the door is forward, in a third stage of opening the door, a main movement of the door is rotational; and during an opening rotation of the movable seat relative to the fixed seat, a movement ratio between the displacement in the first direction and the displacement in the second direction gradually decreases, during a first stage of opening the door, a main movement of the door is forward, in a second stage of opening the door, a main movement of the door is outward, in a third stage of opening the door, a main movement of the door is rotational.
It is unclear how the hinge can have a first stage main movement that is both outward and forward during opening rotation. It is further unclear how the hinge can have a second stage main movement that is both forward and outward during opening rotation. These are disclosed as alternative embodiments and are mutually exclusive. Claim 1 is therefore unclear.
Dependent claims 4-12 and 15 contain the same clarity issues as the claims from which they depend and are therefore rejected for the same reasons.
Official Notice Not Traversed
Examiner’s assertion of official notice (claim 13) from the Office Action Mailed 6/2/2025 with regards to using multiple sets of linkages in a hinge and multiple fixed seats for multiple hinges (such as upper and lower hinges in a refrigerator). is now taken to be admitted prior art due to Applicant's failure to traverse said official notice (see MPEP § 2144.03).
Examiner’s assertion of official notice (claim 14) from the Office Action Mailed 6/2/2025 with regards to using a sleeve to connect multiple shafts is now taken to be admitted prior art due to Applicant's failure to traverse said official notice (see MPEP § 2144.03).
Response to Arguments
Applicant’s arguments with respect to claims 1, 4-12, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s amendments necessitated the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 1,772,559 teaches a similar hinge and is considered pertinent to applicant’s disclosure, but has not been relied upon in the current rejection.
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 Jeffrey O'Brien whose telephone number is (571)270-3655. The examiner can normally be reached M-Th 7-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jeffrey O'Brien/ Primary Examiner, Art Unit 3677
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