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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the rounded protruding surfaces of the core (claim 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 1-11 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.
The term “a core provided inside the insulating cell” in claim 1 renders the claim indefinite. Is this core provided in "each" of the previously introduced insulating cells? As written, the claim may have antecedent issues because a singular insulating cell was not discussed. For the purposes of examination it shall be interpreted a core provided in each insulating cell of the plurality of cells. Claims 2-11 directly or indirectly depend from claim 1 and are also rejected.
The term “horizontal plate" and "vertical plate” in claim 2 renders the claim indefinite. What is the horizontal and vertical plate in the present invention? Does a “plate part” (singular feature) have both of these features? For example, the specification lists the vertical plate as 111 and the horizontal plate as 113. In figure 1, these features are identified on separate plates. Even so, 111 seems to be associated with multiple features/plates. In one orientation it is pointing to a dotted line. It is not clear if an entire plate is being considered or a surface. In general, it is not clear what the horizontal plate and vertical plate refer to.
The term “a second core member disposed on one surface of the first core member to be spaced apart from each other” in claim 9 renders the claim indefinite. What is being spaced apart? It is not clear from the wording the items that are spaced apart. The second core member is stated to be attached to a surface of the first core member, so therefore, these two items are not spaced apart. It is unclear which items are being considered spaced apart and it does not seem that any items are.
The term “while outwardly surrounding the core inside the core” in claim 11 is a relative term which renders the claim indefinite. What is the .
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.
Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Kang Pyo (KR 20210069919 A).
With respect to claim 1, Kang Pyo discloses a vacuum insulation box comprising: a vacuum panel including a plurality of insulating cells (50) each having an inclined portion (150) inclined at an angle of 45 degrees (inherent to form box with mating seen in figure 2) or more at each side and a plate part configured to enclose and connect the insulating cells and configured to form a deployed box shape; a core (120) provided inside the insulating cell to block heat exchange between inner and outer surfaces of the vacuum panel; and a close contact portion (160) protruding outward from an outer surface of the inclined portion to increase adhesion between the insulating cells that are adjacent when in contact with each other.
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With respect to claim 2, Kang Pyo discloses vacuum insulation box of claim I, wherein the plate part includes: a vertical plate (middle 100 of figure 2) configured to connect the insulating cells that are disposed perpendicular to a bottom surface; and a horizontal plate (bottom 100 of figure 2) perpendicularly coupled to the vertical plate.
Examiner Note: Alternatively, think of back and side surface of a singular plate. See 112b above, interpretation is unclear.
With respect to claim 7, Kang Pyo discloses vacuum insulation box of claim 1, wherein the insulating cell includes: an inner wall (wall surrounding 120) shaped to wrap the core; and an outer wall (outer wall of 130) spaced apart outward from the inner wall to form a space in a vacuum state.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 8, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bane (US 5441170 A) in view of Bhargava (US 20210237953 A1).
With respect to claim 1, Bane discloses a vacuum insulation box comprising: a vacuum panel including a plurality of insulating cells (48, 50,52,54) each having an inclined portion (sides of cells) inclined at an angle of 45 degrees (inherent to form box with mating) or more at each side and a plate part configured to enclose and connect the insulating cells and configured to form a deployed box shape; a core (88) provided inside the insulating cell to block heat exchange between inner and outer surfaces of the vacuum panel.
Bane failed to disclose a close contact portion protruding outward from an outer surface of the inclined portion to increase adhesion between the insulating cells that are adjacent when in contact with each other. However, in a similar field of endeavor, namely insulated containers, Bhargave taught of connections pieces (502) on inclined surfaces to function as a locking tab (page 6 [0089]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the inclined surface of Bane to include a close contact portion as taught by Bhargava in order to allow for a locking connection between inclined surfaces.
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With respect to claim 2, the references as applied to claim 1, above, disclose all the limitations of the claims. Bane further discloses wherein the plate part includes: a vertical plate (back surface 80 of cell) configured to connect the insulating cells that are disposed perpendicular to a bottom surface; and a horizontal plate (side surface of 80) perpendicularly coupled to the vertical plate.
With respect to claim 8, the references as applied to claim 2, above, disclose all the limitations of the claims. Bhargava further discloses wherein the plate part includes: a vertical body (bottom of 802 of Bhargava) attached to outer surfaces of the insulating cells; an adhesion member (both ends of 802 of Bhargava) extending from each of opposite ends of the vertical body; and a tensioning portion (top of 802 of Bhargava) provided on a side of the vertical body opposite to sides on which the insulating cells are disposed and in a position where the adjacent insulating cells are in contact. Items 802 of Bhagavara add additional means of supporting the assembled condition. It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cells of Bane to include a vertical body, adhesion member, and tensioning portion as taught by Bhargava in order to allow for a locking connection between inclined surfaces.
With respect to claim 11, the references as applied to claim 1, above, disclose all the limitations of the claims. Bane further discloses further comprising: a fold (84 of Bane) configured to seal the core while outwardly surrounding the core inside the core, such that opposite ends of the vacuum panel are provided in an outward direction of the core so as to be bonded to each other.
Examiner Note: [0076] of the present invention states that the folds may be end portions of the wrapper left after the cores are covered. This is synonymous with a seam.
Claim(s) 1, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto (TW 470837 B) in view of Bhargava (US 20210237953 A1).
With respect to claim 1, Tanimoto discloses a vacuum insulation box comprising: a vacuum panel including a plurality of insulating cells (6, 3) each having an inclined portion (sides of cells) inclined at an angle of 45 degrees (inherent to form box with mating) or more at each side and a plate part configured to enclose and connect the insulating cells and configured to form a deployed box shape; a core (2) provided inside the insulating cell to block heat exchange between inner and outer surfaces of the vacuum panel.
Tanimoto failed to disclose a close contact portion protruding outward from an outer surface of the inclined portion to increase adhesion between the insulating cells that are adjacent when in contact with each other. However, in a similar field of endeavor, namely insulated containers, Bhargave taught of connections pieces (502) on inclined surfaces to function as a locking tab (page 6 [0089]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the inclined surface of Bane to include a close contact portion as taught by Bhargava in order to allow for a locking connection between inclined surfaces.
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With respect to claim 4, the references as applied to claim 1, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the core includes rounded protruding surfaces protruding outward from opposite sides. (embodiments such as figure 7 and 8 show the ability for rounded edges)
With respect to claim 5, the references as applied to claim 1, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the opposite sides of the core are inclined at the same angle of inclination as the inclined portion. (as seen in figures 2 and 4)
With respect to claim 6, the references as applied to claim 1, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the core includes a recess having a shape that is inwardly recessed from the opposite sides thereof. (can considered notch 5 and therefore ends as a recess)
Claim(s) 3 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto (TW 470837 B) in view of Bhargava (US 20210237953 A1) and Bock (US 20230202141 A1).
With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the core includes a stack of trapezoidal core members whose areas decrease as the core members are stacked (consider top 2 stacks in figure 2).
Tanimoto failed to discloses wherein the core is formed of an organic fiber, an inorganic fiber, and an inorganic material such as fumed silica. However, in a similar field of endeavor, namely vacuum insulation, Bock taught of fumed silica as an excellent choice for a vacuum insulation element due to its excellent thermal insulation properties compared to other insulation sheet materials (page 1 [0005]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insulation of Tanimoto to include fumed silica as taught by Bock for its excellent thermal insulation properties.
With respect to claim 9, the references as applied to claim 3, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the core member includes: a first core member having an integral structure (middle 2 in figure 2), and a second core member (top 2 of figure 2) disposed on one surface of the first core member to be spaced apart from each other, stacked on the first core member with a decreasing area, and having an inclined outer surface to form a trapezoidal shape.
With respect to claim 10, the references as applied to claim 9, above, disclose all the limitations of the claims. Tanimoto further discloses wherein the second core member (middle 2 in figure 2) extends as a single structure.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-5441170-A OR US-6220473-B1 OR US-20210237953-A1 OR US-20230202141-A1 OR US-20170291754-A1 OR US-20230382625-A1 OR US-20240199279-A1 OR US-20220281635-A1 OR US-20180328644-A1 OR US-20210253330-A1 OR US-20200361695-A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
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