DETAILED ACTION
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 8/24/2023. It is noted, however, that applicant has not filed a certified copy of the 2023-136615 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 8 recites the limitation “the first outer edge plate portion and the second outer edge plate portion are welded”, which is already recited in claim 7 from which claim 8 depends from. Thus, claim 8 fails to further limit the subject matter of claim 7. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 2012/0148786 A1) [hereinafter Song].
Regarding claim 1, Song discloses a vacuum heat insulating panel in which a pair of plate members face each other in a manner that an internal space is formed between the plate members (Figs. 1 and 2A-2B), comprising a first plate member made of metal (metal 13a), a second plate member made of metal (metal 13b) and configured to form an internal space between the first plate member and the second plate member (Fig. 1), and a spacer (internal structure 30) configured to support the first plate member and the second plate member from the internal space side, wherein the first plate member includes a first outer edge plate portion on an outer edge side (Fig. 1, flat outer edge portion at A-A), a standing plate portion standing from the first outer edge plate portion and formed by a curved surface (Fig. 1, curved outer portion), and a main plate portion (Fig. 1, top flat portion 10) continuous from the standing plate portion and supported by the spacer (30), and a first resin material having a gas barrier property (resin 14a, 14b, 15a or 15b; paragraph [0013]) interposed between the first outer edge plate portion and a second outer edge plate portion on an outer edge side of the second plate member (Figs. 1 and 2B).
Regarding claim 2, Song discloses the spacer (30) is a resin material and is separated from the first outer edge plate portion and the second outer edge plate portion (Fig. 1; paragraph [0055]).
Regarding claim 3, Song discloses a second resin material (resin 15a or 15b) having a thermal conductivity lower than that of the first resin material (resin 14a or 14b) being interposed between the first outer edge plate portion and the second outer edge plate portion (Figs. 1 and 2B; paragraph [0013]).
Regarding claim 4, Song discloses the spacer (Figs. 1 and 4, internal structure 30 or 300) including a plate-shaped first support portion (top horizontal portion of internal structure 30 or 300) extending along the first plate member (top plate 10 or 100) and configured to support the first plate member (top plate 10 or 100), a plate-shaped second support portion (bottom horizontal portion of internal structure 30 or 300) extending along the second plate member (bottom plate 10 or 100) in a manner of forming a hollow space between the second support portion and the first support portion and configured to support the second plate member (bottom plate 10 or 100), and a plurality of third support portions (vertical portions of internal structure 30 or 300) configured to support the first support portion and the second support portion from the hollow space side, and the plurality of third support portions extend in one direction and are integrally molded with the first support portion and the second support portion (Fig. 1, internal structure 30 or 300).
Regarding claim 5, Song discloses the first resin material being interposed only between the first outer edge plate portion and the second outer edge plate portion (Figs. 1 and 2b, resin 14a, 14b, 15a or 15b).
Regarding claim 6, Song discloses the second plate member including a bending portion bent between the first outer edge plate portion and the spacer (Fig. 1, plate 10).
Regarding claim 7, Song discloses the first outer edge plate portion and the second outer edge plate portion being welded by the first resin material (Figs. 1 and 2b; paragraphs [0009], [0013-0014] and [0018]).
Regarding claim 8, Song discloses the first outer edge plate portion and the second outer edge plate portion being welded (paragraphs [0009], [0013-0014] and [0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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