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 second heater (cl. 30) 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.
Claims 25-43 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 25, the recitation of method step(s) “wherein the at least one sensor monitors a temperature within one of the mechanical compartment or the shelf” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein the at least one sensor [can] monitor[] a temperature within one of the mechanical compartment or the shelf”.
Regarding claim 29, the recitation of method step(s) “wherein the controller selectively operates the respective conduction heater to control the amount of heat produced by the conduction heater” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein the controller [can] selectively operate[] the respective conduction heater to control the amount of heat produced by the conduction heater”.
Regarding claim 30, the recitation of method step(s) “wherein the controller controls the operation of the second heater to maintain the air that flows past the temperature sensor” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein the controller [can] control[] the operation of the second heater to maintain the air that flows past the temperature sensor”.
Regarding claim 31, the recitation of method step(s) “wherein air entering the shelf through the one or more second apertures in the first wall passes by the second heater, and then flows out of the shelf through one or more apertures disposed within the shelf proximate to the open front of the housing” and “wherein air flowing out of the shelf flows toward the first wall of the mechanical compartment and through a plurality of inlet apertures within the first wall and disposed vertically above the one or more corresponding second apertures” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitations to mean “wherein [the cabinet is configured to allow] air entering the shelf through the one or more second apertures in the first wall [to] pass[] by the second heater, and then [to] flow[] out of the shelf through one or more apertures disposed within the shelf proximate to the open front of the housing” and “wherein [the cabinet is configured to allow] air flowing out of the shelf [to] flow[] toward the first wall of the mechanical compartment and through a plurality of inlet apertures within the first wall and disposed vertically above the one or more corresponding second apertures.”
Regarding claim 33, the recitation of method step(s) “wherein operation of the fan causes a relatively lower pressure within the mechanical compartment that is communicated to the plurality of inlet apertures, which causes air within the storage volume to flow toward the first wall and through the plurality of inlet apertures and into the mechanical compartment to the fan” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein operation of the fan [can] cause[] a relatively lower pressure within the mechanical compartment that is communicated to the plurality of inlet apertures, which causes air within the storage volume to flow toward the first wall and through the plurality of inlet apertures and into the mechanical compartment to the fan”.
Regarding claim 42, the recitation of method step(s) “wherein the controller controls the operation of each light” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein the controller [can] control[] the operation of each light”.
Claims 26-43 are indefinite due to dependence upon an indefinite base claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 25-26, 28, 30, 34-35, & 42 are rejected under 35 U.S.C. 103 as being unpatentable over Nuttall (20150230631) in view of Schmitt (6040981).
Regarding claim 25, Nuttall teaches the structure substantially as claimed, including a cabinet comprising: a housing (112, 114, 116, 118, 120) with a top wall (116), right (118) and left (120) side walls that are collectively arranged to define an internal volume therein (Fig. 7), wherein the housing includes an open front to allow access into the internal volume (Fig. 7); a plurality of shelves (174a-c) that extend within the internal volume, wherein each of the plurality of shelves establish a storage volume disposed above the respective shelf (Fig. 7), wherein each storage volume is a part of the internal volume (Fig. 7), wherein each of the plurality of shelves comprises a heating assembly (44, 46, 48 - see Fig. 4) that is fixed with respect to the respective plurality of shelves; wherein each of the plurality of storage volumes is partially enclosed by a roof (i.e., lower surfaces of 116 & 176a-c) within the internal volume and above the respective storage volume and the respective shelf (Fig. 9), each storage volume is further enclosed by the right and left walls (Figs. 7-8); wherein the housing pivotably supports a plurality of mechanical compartments (A in Fig. 5 Annotated), with one of the plurality of mechanical compartments disposed with respect to each shelf (implied by Figs. 3-5 & 8 and par. 46 & 49); wherein the heating assembly is provided in conjunction with each shelf and each mechanical compartment (Figs. 3-5 & 8 and par. 46 & 49), wherein each mechanical compartment comprises a fan (44), and wherein an air flow path with respect to each shelf and mechanical compartment includes a heating element (46 - see Fig. 4), and at least one sensor (i.e., sensor associated with thermostat in par. 43), wherein the at least one sensor monitors a temperature within one of the mechanical compartment or the shelf (par. 43); further comprising a controller, the controller is configured to control operation of the respective fan and the respective heating assembly (par. 43 & 46); wherein each mechanical compartment is mounted to the housing by unspecified mounting means. Nuttall fail(s) to teach pivotally mounting a mechanical compartment to a housing. However, Schmitt teaches mounting means (30b, 30d, 30e, 34a, 34b) for pivotally mounting a mechanical compartment (30) to a housing (34). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to substitute mounting means, as taught by Zhai, for each of the unspecified mounting means of Nuttall, with a reasonable expectation of success, in order to mount each of the mechanical compartments to the housing, and because such an outcome would have been a predictable result of such a substitution of one known mounting means for another. Hence, Nuttall as modified would teach mechanical compartments (A of Nuttall) each pivotably mounted to a housing (112, 114, 116, 118, 120 of Nuttall) and pivotable between a closed position (as in Fig. 4 of Schmitt) where a first wall (B of Nuttall) of the mechanical compartment forms a rear wall of the storage volume (implied by Figs. 4-5 of Nuttall), and between an open position wherein the storage volume is accessible above the mechanical compartment (as in Fig. 5 of Schmitt) and from a direction opposite from the open front of the housing (implied by Fig. 5 of Nuttall).
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Regarding claim 26, Nuttall as modified teaches a plurality of mechanical compartments (A of Nuttall) each comprising a first wall (B of Nuttall), a second wall (C of Nuttall), and an enclosure wall (D of Nuttall) that are each fixed with respect to each other to establish an internal volume of the mechanical compartment (Fig. 5 of Nuttall), when the respective mechanical compartment is aligned in the closed position the first wall is disposed in contact or in very close proximity with the shelf of the plurality of shelves that is disposed with respect to the mechanical compartment (Figs. 4-5 of Nuttall), wherein when in the closed position, the first wall is substantially vertical, and the second wall is disposed to enclose the top portion of the mechanical compartment (Fig. 5 of Nuttall), wherein when in the open position, the first wall is substantially horizontal (as in Fig. 5 of Schmitt).
Regarding claim 28, Nuttall teaches a heating assembly (44, 46, 48) that comprises a conduction heater (48 - see par. 37) fixed to (Fig. 3) the respective shelf (174a-c), such that during operation of the conduction heater heat flows through the respective shelf toward the storage volume above the respective shelf (implied by Fig. 3 & par. 37).
Regarding claim 30, Nuttall teaches a conduction heater (48) disposed within a shelf (174a-c); at least one sensor comprising a temperature sensor (i.e., sensor associated with thermostat in par. 43) disposed in an unspecified position; and a mechanical compartment (A). Additionally, mere duplication & rearrangement of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a second conduction heater, as taught by Nuttall, to the shelf of Nuttall as modified, with a reasonable expectation of success, in order to provide additional heat to the contents of the shelf; and to dispose the temperature sensor of Nuttall as modified in the mechanical compartment, with a reasonable expectation of success, in order to facilitate control of the temperature of each of the zones thereof. Hence, Nuttall as modified would teach a heating assembly that further comprises a second heater (48 of Nuttall) disposed within the shelf (174a-c of Nuttall), and the at least one sensor (i.e., sensor associated with thermostat in par. 43 of Nuttall) comprises a temperature sensor disposed within the mechanical compartment (A of Nuttall), wherein the controller can control the operation of the second heater to maintain the air that flows past the temperature sensor (as in par. 43 of Nuttall).
Regarding claim 34, Nuttall as modified teaches a position interlock (30e, 34b of Schmitt) associated with each mechanical compartment (A of Nuttall), the position interlock comprises a sensor (30e, 34b of Schmitt) that is capable of identifying when the mechanical compartment is in the closed position, wherein when the sensor identifies that the mechanical compartment is in the closed position the fan can be operated by the controller and when the sensor does not identify that the first wall is in the closed position the fan is prevented from operation (as in col. 3, lines 27-31 of Schmitt).
Regarding claim 35, Nuttall as modified teaches a lock (30d, 34a of Schmitt) associated with each mechanical compartment (A of Nuttall) such that when engaged the lock fixes the mechanical compartment in the closed position, wherein when the lock is engaged the mechanical compartment is prevented from moving toward the open position (as in col. 3, lines 11-14 of Schmitt).
Regarding claim 42, Nuttall teaches a roof (i.e., lower surfaces of 116 & 176a-c) above each of the plurality of shelves (174a-c) that includes one or more lights (62) that shines light onto the shelf therebelow (par. 39 & 42 and Fig. 4), wherein the controller controls the operation of each light (par. 42).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Nuttall (20150230631) & Schmitt (6040981) in view of Lee (KR101398176). Nuttall as modified teaches the structure substantially as claimed, including conduction heaters (48 of Nuttall) on shelves (174a-c of Nuttall); but fail(s) to teach a temperature sensor. However, Lee teaches a temperature sensor (164) disposed in contact with a respective conduction heater (172) fixed to a respective shelf (170) of a plurality of shelves (150, 160), wherein a controller selectively operates the respective conduction heater to control the amount of heat produced by the conduction heater (par. 54). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a temperature sensor, as taught by Lee, to each of the shelves of Nuttall as modified, with a reasonable expectation of success, in order to facilitate control of the heat output of the heater (as suggested by par. 54 of Lee).
Claims 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over Nuttall (20150230631) & Schmitt (6040981) in view of Ji (KR20160010972).
Regarding claim 36, Nuttall as modified teaches the structure substantially as claimed, including a plurality of mechanical compartments (A of Nuttall) that are each pivotably connected with respect to a housing (112, 114, 116, 118, 120 of Nuttall) and a respective shelf (174a-c of Nuttall) with a hinge (30b of Schmitt); but fail(s) to teach a hinge is configured to apply a resistive force. However, Ji teaches configuring a hinge (114-1) to apply a resistive force that opposes rotation (par. 50-51) of a component (114) from a closed position (Fig. 1a) toward the open position (Fig. 1b). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to configure each of the hinges of Nuttall as modified to apply a resistive force, as taught by Ji, with a reasonable expectation of success, in order to deter accidental opening of the mechanical compartments. Hence, Nuttall as modified would teach hinges (30b of Schmitt) each configured to apply a resistive force that opposes rotation of a mechanical compartment (A of Nuttall) from a closed position toward an open position (as in Figs. 1a-b & par. 50 of Ji), wherein the resistance is applied for a least a portion of a range of travel from the closed position toward the open position (as in par. 50 of Ji).
Regarding claim 37, Nuttall as modified teaches a hinge (30b of Schmitt, as modified) that comprises a torsion spring (as in par. 50 of Ji) that is fixed to the mechanical compartment and bears upon one or both of the housing and the respective shelf that the mechanical compartment is associated with (as implied by par. 50 of Ji - note that, if the torsion spring is to properly oppose rotation of a mechanical compartment relative to a shelf & the housing, parts of the torsion spring would necessarily have to bear upon the mechanical compartment and the shelf/housing).
Regarding claim 38, Nuttall as modified teaches a torsion spring (par. 50 of Ji) having a spring constant. Additionally, the provision of adjustability to a component has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to make each of the torsion springs adjustable, with a reasonable expectation of success, in order to allow a user to adjust the speed with which the mechanical compartment opens. Hence, Nuttall as modified would teach a torsion spring (par. 50 of Ji) that is adjustable to adjust the spring constant of the spring that results in a proportional amount of change of the amount of resistance that is applied when the mechanical compartment (A of Nuttall) is moved from the closed position toward the open position.
Claims 39-41 are rejected under 35 U.S.C. 103 as being unpatentable over Nuttall (20150230631) & Schmitt (6040981) in view of Johnson (20130226742). Nuttall as modified teaches the structure substantially as claimed, including shelves (174a-c of Nuttall) each having a forward facing surface that extends proximate to the open front of the housing (112, 114, 116, 118, 120 of Nuttall); but fail(s) to teach a display screen. However, Johnson a display screen (301) supported on a forward facing surface of a shelf (350); and configuring a controller to operate the display screen to include one or more of numbers, words, symbols, or pictures that are associated with items that are intended to be disposed within the storage volume above the respective shelf (par. 32-33 & Figs. 2b-3); wherein the display screen is configured to allow for a continuously moving display (par. 57); wherein the display screen is configured to display the types and amounts of items that are included within the respective storage volume, and include price and/or biographic information associated with the items that are within the storage volume (Figs. 2-3 & par. 62). It would have been obvious to one of ordinary skill in the art to add a display screen and associated control functionality, as taught by Johnson, to each of the shelves and the controller of Nuttall as modified, with a reasonable expectation of success, in order to facilitate sales of the cabinet’s contents by allowing the display of identification & price information associated with said contents (as suggested by Johnson).
Allowable Subject Matter
Claims 27, 31-33, & 43 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/MATTHEW W ING/Primary Examiner, Art Unit 3637
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