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 3-8, 10-14, 16-21, 24-29 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 claims 3 and 4 and 6 and 8, “the bottom rail” lacks antecedent basis. With respect to claim 5, “the attachment plate” lacks antecedent basis. With respect to claim 7 and 8, “the at least one leveling leg assembly” and “the at least one leveling leg” lack antecedent basis. With respect to claim 8, “the sill cover” lacks antecedent basis. With respect to claims 10 and 16, “between the door frame the one or more top structural members” is unclear. The examiner is interpreting it as – between the door frame and the one or more top structural members--. With respect to claims 11 12, 13, and 14, “the top rail” lacks antecedent basis. With respect to claim 14, “the header cover” “the at least one pair of the top bracket” and “the canopy adapter plate” lack antecedent basis. With respect to claim 17, “the bottom support assembly” and “the bottom rail” lack antecedent basis. With respect to claims 18, 19, 20, and 21, “the top rail” lacks antecedent basis. With respect to claim 21, “the another portion of the weight”, “the header cover”, “the at least one pair of the top bracket”, and “the canopy adapter plate” lack antecedent basis. With respect to claims 24, 25, 27, and 29, “the bottom rail” lacks antecedent basis. With respect to claim 26, “the attachment plate” lacks antecedent basis. With respect to claim 28, “the at least one leveling leg assembly” and “the at least one leveling leg” lack antecedent basis. With respect to claim 29, the limitation “the sill cover”, “the bottom rail”, and “the at least one leveling leg assembly” lack antecedent basis.
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 1-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0070744 A1 (Thoutam) in further in view of US Patent 10,182,665 B2 (Dunn).
With respect to claim 1, Thoutam shows a temperature-controlled display case (100, Fig.1), comprising: an enclosure (Fig.1) that comprises a plurality of insulated panels (108, 112, 116, 120, 124, 128, Fig.1), the enclosure configured to sit on a support surface (floor); a door frame (129/144, Fig.1) secured within the enclosure; a door (156) hingeably coupled to the door frame (144, via hinges 160); and a bottom support assembly (164, Fig.1, Fig.4) coupled to at least one of the enclosure or the door frame (144) and configured to bear and transfer at least a portion of a weight of the door (156) to the support surface. With respect to claim 1, Thoutam doesn’t disclose an electronic display. Dunn shows a door (FIg.2) comprising an electronic display (200, LCD). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include an electronic display to the door of Thoutam, such as taught by Dunn, in order to serve as digital advertising screen while still allowing the products in the case to be clearly visible.
With respect to claim 2, the combination (Thoutam) shows wherein the bottom support assembly comprises a bottom rail (164/184, Fig.4) positionable beneath at least a portion of the door frame (144) and configured to receive the portion of the weight of the door.
With respect to claim 3, the combination (Thoutam) shows wherein the bottom support assembly comprises a sill cover (224, Fig.3, FIg.4) positionable between the door frame (144) and the bottom rail (196), the sill cover comprising a thermal break (“frame cover 168 is used to provide a thermal break”, paragraph 0014).
With respect to claim 4, the combination (Thoutam) shows wherein the bottom support assembly comprises an attachment plate (168/196) mountable to the bottom rail (144/184).
With respect to claim 5, the combination (Thoutam) shows wherein the bottom support assembly comprises a bottom fascia plate (196) mountable to the attachment plate (168).
With respect to claim 8, the combination (Thoutam) shows wherein the bottom support assembly is configured to bear and transfer the portion of the weight of the door (156) from the door frame (144), through the sill cover (168), through the bottom rail (164), through the at least one leveling leg assembly (184), and to the support surface.
4. Claims 1, 2, 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6,036,293 (Anell) in further in view of US 2018/0025679 A1 (PARK).
With respect to claim 1, Anell shows a temperature-controlled display case (2, Fig.4), comprising: an enclosure (5) that comprises a plurality of insulated panels (13, 14, 28, 31, 47, FIg.1) the enclosure configured to sit on a support surface; a door frame (64, 65, 68, Fig.1) secured within the enclosure (5); a door hingeably coupled to the door frame (see claim 11, “said reinforcing frame unit and said toe plate include, prior to attachment to the cabinet shell, refrigerator door hinge mounting structure”); and a bottom support assembly (69, 9, FIg.1) coupled to the door frame and configured to bear and transfer at least a portion of a weight of the door to the support surface. With respect to claim 1, Anell doesn’t disclose an electronic display. Park shows the door (20) includes an electronic display (24, FIg.1C). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include an electronic display to the door of Anell, such as taught by PARK, in order to display article information and to serve as digital advertising screen.
With respect to claim 2, the combination (Anell) shows wherein the bottom support assembly comprises a bottom rail (69, FIg.1) positionable beneath at least a portion of the door frame and configured to receive the portion of the weight of the door.
With respect to claim 4, the combination (Anell) shows the bottom support assembly comprises an attachment plate (9) mountable to the bottom rail (69).
With respect to claim 5, the combination (Anell) teaches wherein the bottom support assembly comprises a bottom fascia plate (9) mountable to the attachment plate (69).
With respect to claim 6, the combination (Anell) wherein the bottom support assembly comprises at least one leveling leg assembly (“each threaded aperture 81 is adapted to receive a threaded leg lever” Col.4 lines 1-4) configured to couple to the bottom rail (69) and rest on the support surface.
With respect to claim 7, the combination (Anell) teaches wherein the at least one leveling leg assembly comprises a threaded rod (“threaded leg lever which is generally constituted by a threaded rod”, Col.4 lines 1-4) adjustable within a support post (77, FIg.1) to adjust a height of the at least one leveling leg.
With respect to claim 8, the combination (Anell) shows wherein the bottom support assembly is configured to bear and transfer the portion of the weight of the door from the door frame (64, 65, 68) , through the sill cover (9), through the bottom rail (69), through the at least one leveling leg assembly (threaded leg lever), and to the support surface (floor).
5. Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 6,036,293 (Anell) in view of US 2018/0025679 A1 (PARK) in further view of US Patent 4,341,083 (Ibrahim).
With respect to claim 9, modified Anell doesn’t show a top support assembly. Ibrahim shows a top support assembly (156, 158) coupled to the door frame and configured to bear and transfer at least another portion of the weight of the door (24) to the enclosure through one or more top structural members (16). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a top support assembly of Ibrahim to the enclosure of modified Anell, in order to provide enhance structural reinforcement of the enclosure and support for a door operating mechanism.
With respect to claim 10, the combination (Ibrahim) shows the top support assembly comprises a top rail (156) positionable between the door frame (top frame above 164, FIg.4) and the one or more top structural members (16) and configured to receive the another portion of the weight of the door.
With respect to claim 11, the combination (Ibrahim) shows wherein the top support assembly comprises a header cover (158) positionable between the door frame and the top rail (156), the header cover (158) comprising a thermal break.
With respect to claim 12, the combination (Ibrahim) teaches wherein the top support assembly comprises a top fascia plate (158) mountable to the top rail (156).
With respect to claim 13, the combination (Ibrahim) shows wherein the top support assembly comprises at least one pair of a top bracket (L-shaped bracket on top of 158, Fig.4) in combination with a canopy adapter plate (158), the canopy adapter plate (158) configured to mount to the top rail (156), and the top bracket configured to mount to the canopy adapter plate (158) and to at least one of the one or more top structural members (16, via 156 and 158).
With respect to claim 14, the combination (Ibrahim) shows wherein the top support assembly is configured to bear and transfer the another portion of the weight of the door from the door frame (door frame at 164 and top frame member coupled to 164), through the header cover (156), through the top rail (120), through the at least one pair of the top bracket (L-shaped bracket on 158) in combination with the canopy adapter plate (158), and to the at least one of the one or more top structural members (16).
6. Claims 15, 16, 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,341,083 (Ibrahim) in further view of 2018/0025679 A1 (PARK).
With respect to claim 15, Ibrahim shows a temperature-controlled display case (10, Fig.1), comprising: an enclosure that comprises a plurality of insulated panels (14, 18, 70), the enclosure configured to sit on a support surface (floor, Fig.2); a door frame (Fig.4, 164, top rail on top of 164) secured within the enclosure; a door (24, FIg.4) hingeably coupled to the door frame (via hinge 31, Fig.4); and a top support assembly (158, 156) coupled to at least one of the enclosure or the door frame and configured to bear and transfer at least a portion of a weight of the door to the enclosure through one or more top structural members (16). With respect to claim 15, Ibrahim doesn’t show an electronic display. Park shows the door (20) includes an electronic display (24, FIg.1C). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include an electronic display to the door of Ibrahim, such as taught by PARK, in order to display article information and to serve as digital advertising screen.
With respect to claim 16, the combination (Ibrahim) shows the top support assembly comprises a top rail (156) positionable between the door frame (top door frame above 164, FIg.4) and the one or more top structural members (16) and configured to receive the portion of the weight of the door.
With respect to claim 18, the combination (Ibrahim) shows wherein the top support assembly comprises a header cover (158) positionable between the door frame and the top rail (156), the header cover (158) comprising a thermal break.
With respect to claim 19, the combination (Ibrahim) teaches wherein the top support assembly comprises a top fascia plate (158) mountable to the top rail (156).
With respect to claim 20, the combination (Ibrahim) shows wherein the top support assembly comprises at least one pair of a top bracket (L-shaped bracket on top of 158, Fig.4) in combination with a canopy adapter plate (158), the canopy adapter plate (158) configured to mount to the top rail (156), and the top bracket configured to mount to the canopy adapter plate (158) and to at least one of the one or more top structural members (16 via 156 and 158).
With respect to claim 21, the combination (Ibrahim) shows wherein the top support assembly is configured to bear and transfer the another portion of the weight of the door from the door frame, through the header cover (120), through the top rail (156), through the at least one pair of the top bracket (L-shaped bracket on 158) in combination with the canopy adapter plate (158), and to the at least one of the one or more top structural members (16).
With respect to claim 22, the combination (Ibrahim) teaches a bottom support assembly (12, 76, 88, 90) coupled to at least one of the enclosure or the door frame and configured to bear and transfer at least another portion of the weight of the door (24) to the support surface (floor).
7. Claims 17, 23-26, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,341,083 (Ibrahim) in view of 2018/0025679 A1 (PARK) in further view of US 2018/0070744 A1 (Thoutam).
With respect to claim 23, modified Ibrahim doesn’t show a bottom rail.
Thoutam shows wherein the bottom support assembly comprises a bottom rail (164/184, Fig.4) positionable beneath at least a portion of the door frame (144) and configured to receive the portion of the weight of the door. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bottom support assembly of Ibrahim in view of Park, with the bottom support assembly of Thoutam, in order to enhance the bottom structural support of the enclosure and enhance the thermal break between the bottom of the door frame and the interior of the enclosure thereby reducing condensation.
With respect to claims 17 and 24, the combination (Thoutam) shows wherein the bottom support assembly comprises a sill cover (224 of 168, Fig.3, FIg.4) positionable between the door frame (144) and the bottom rail (196), the sill cover comprising a thermal break (“frame cover 168 is used to provide a thermal break”, paragraph 0014).
With respect to claim 25, the combination (Thoutam) shows wherein the bottom support assembly comprises an attachment plate (168/196) mountable to the bottom rail (144/184).
With respect to claim 26, the combination (Thoutam) shows wherein the bottom support assembly comprises a bottom fascia plate (196) mountable to the attachment plate (168).
With respect to claim 29, the combination (Thoutam) shows wherein the bottom support assembly is configured to bear and transfer the portion of the weight of the door (156) from the door frame (144), through the sill cover (168), through the bottom rail (164), through the at least one leveling leg assembly (184), and to the support surface.
8. Claims 23, 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,341,083 (Ibrahim) in view of 2018/0025679 A1 (PARK) in further view US Patent 6,036,293 (Anell).
With respect to claim 23, modified Ibrahim doesn’t show a bottom rail. Anell shows wherein the bottom support assembly comprises a bottom rail (69, FIg.1) positionable beneath at least a portion of the door frame (64, 65, 68) and configured to receive the portion of the weight of the door. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the bottom support assembly of Ibrahim, with that of Anell, in order to provide enhance structural reinforcement of the enclosure and enhance thermal performance of the enclosure.
With respect to claim 25, the combination (Anell) shows the bottom support assembly comprises an attachment plate (9) mountable to the bottom rail (69).
With respect to claim 26, the combination (Anell) teaches wherein the bottom support assembly comprises a bottom fascia plate (9) mountable to the attachment plate (69).
With respect to claim 27, the combination (Anell) wherein the bottom support assembly comprises at least one leveling leg assembly (“each threaded aperture 81 is adapted to receive a threaded leg lever”; col.4 lines 1-4) configured to couple to the bottom rail (69) and rest on the support surface.
With respect to claim 28, the combination (Anell) teaches wherein the at least one leveling leg assembly comprises a threaded rod (“threaded leg lever which is generally constituted by a threaded rod”) adjustable within a support post (77, FIg.1) to adjust a height of the at least one leveling leg.
With respect to claim 29, the combination (Anell) shows wherein the bottom support assembly is configured to bear and transfer the another portion of the weight of the door from the door frame (64, 65, 68) , through the sill cover (9), through the bottom rail (69), through the at least one leveling leg assembly (threaded leg lever), and to the support surface (floor).
Conclusion
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/HIWOT E TEFERA/Examiner, Art Unit 3637