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 .
Election/Restrictions
Applicant’s election without traverse of Species B drawn to Figs. 6-8 and claims 1-10 in the reply filed on October 20, 2025 is acknowledged.
Claim Rejections - 35 USC § 112
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 8-9 is/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 pre-AIA the applicant regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
In claims 8-9, the phrases in each claim and instance, “…the first liner container…” “…a side wall of the first liner container…” and “…the side wall of the first liner container…” lacks antecedent basis and renders the claim to be vague and indefinite because the applicant HAS NOT established “a first liner container” per se in claim 7 (from which claims 8 and 9 depend from). Therefore, it is unclear as to which aforementioned structure(s) is being encompassed with such language. Further clarification is required.
Examiner's note: The forgoing analysis may not be exhaustive. Applicant should carefully proofread all claims and make all necessary corrections.
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 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)(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.
(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.
Claims 1-2, 4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geun et al. (KR 101833259 B1 – art of record; hereinafter Geun).
Regarding claim 1, Geun discloses a heat preservation appliance, comprising:
a box body (10) provided with a first inner container (i.e. the internal cavity (11));
a cover body (20) comprising an inner cover (21) and an outer cover (24), wherein the inner cover covers the first inner container (i.e. closing or sealing the internal cavity (11)), the inner cover is provided with a check valve (30), the outer cover is connected to the box body, the outer cover is provided with an avoidance hole (i.e. the central recessed portion of outer cover (24); as shown in Fig. 2) arranged corresponding to the check valve; and
an evacuating device (i.e. in the form of pump (40)) connected to the check valve through the avoidance hole, wherein the evacuating device extracts air in the first inner container through the check valve (Geun pg. 3-11, specifically see description of “First embodiment”).
Regarding claim 2, Geun further discloses wherein the check valve comprises a valve body (the combination of valve housing (31) AND seating portion (33)), the inner cover is provided with an air hole (22) matched with the valve body, an air passage is formed by matching cooperation between the valve body and the air hole, and two ends (i.e. the uppermost threads of the valve housing (31)) of the valve body are protruded in a radial direction to form a first sealing part (see annotated Geun Fig. 2 below).
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Regarding claim 4, Geun further discloses wherein an end face at a side of the air hole facing the outer cover protrudes to form a second abutting part, and the second abutting part abuts against the first sealing part (see annotated Geun Fig. 2 above).
Regarding claim 7, Geun further discloses wherein an edge of the first inner container protrudes to form a bearing part, the inner cover is provided with a sealing ring, the sealing ring protrudes to form a second sealing part, and the inner cover drives the second sealing part to abut against the bearing part (see annotated Geun Fig. 6 below).
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Claim Rejections - 35 USC § 103
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 of this title, 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.
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geun et al. (KR 101833259 B1 – art of record; hereinafter Geun) in view of Lin (US 5390809 A; hereinafter Lin).
Regarding claim 6, Geun as above teaches all the structural limitations as set forth in claim 1, except for wherein the box body is provided with a second inner container, the first inner container is arranged on the second inner container, and both a bottom wall and a side wall of the first inner container abut against the second inner container.
Lin is in the same field of endeavor as the claimed invention and Geun, which is a vacuum insulated container. Lin teaches an insulated vacuum container comprising:
a box body with a first inner container (2);
a cover body comprising an inner cover (11) and an outer cover (1) that is connected to the box body, the outer cover is provided with an avoidance hole; and
the box body is provided with a second inner container (3), the first inner container is arranged on the second inner container, and both a bottom wall (via the annular projection or member (31) provided on the second inner container) and a side wall of the first inner container (via the inner cover (11) – see Lin Figs. 4-4a) abut against the second inner container (Lin Col. 1 ln. 62 – Col. 3 Ln. 26 and Fis. 1-5a).
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the overall appliance (of Geun) with a similar outer second inner container (as taught by Lin) to make the overall appliance (of Geun) thermal insulated (i.e. a double-walled construction).
Allowable Subject Matter
Claims 3, 5 and 8-10 is/are objected to as being dependent upon a rejected base claim (in particular claims 1, 2 and 7, respectively), but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and/or rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. The cited documents are listed on the attached PTO-892 form.
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached Monday - Thursday 6:00 am - 4:00 pm.
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/B. V. P./
Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736