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 .
This is the First Office action on the Merits from the examiner in charge of this application.
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 limitations in claim 13, lines 6-7 of each of the bent angles “is larger than 0 degrees and smaller than 90 degrees” 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the limitations in claim 13, lines 6-7 of each of the bent angles “is larger than 0 degrees and smaller than 90 degrees”.
Claim Objections
Claims 16-20 are objected to because of the following informalities: claim 16, last line, the claim fails to end with a period (.). Appropriate correction is required.
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.
Claim 10 is 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. Lines 2-3, the limitations, “and closer to the second bent part is bent at a second angle from the first bent part” is improper in context, thus indefinite for failing to clearly define the metes and bounds of the claimed invention.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 2, 4, 6-10, 16-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 2000882 to Comstock.
Comstock discloses (Claim 1). A vacuum adiabatic body, comprising: a first plate (inner shell 2 and the panel adjacent to inner shell 2) including a first plate body and a first flange bent from the first plate body; a second plate 3; a vacuum space provided between the first plate and the second plate, wherein the first flange includes a portion that extends in a different direction from an extension direction of the second plate 3; (Claim 2). The vacuum adiabatic body of claim 1, wherein the portion of the first flange extends in a direction closer to the second plate 3; (Claim 4). The vacuum adiabatic body of claim 1, wherein the second plate 3 comprises a second plate body and a second flange 184 bent from the second plate body; (Claim 6). The vacuum adiabatic body of claim 4, wherein a first direction in which the first flange extends is different from a second direction in which the second flange extends; (Claim 7). The vacuum adiabatic body of claim 4, wherein the first flange of the first plate extends in a direction closer to the second plate body, and wherein the second flange of the second plate extends in a direction away from the first plate body; (Claim 8). The vacuum adiabatic body of claim 4, wherein the first flange of the first plate comprises two bent parts, and the second flange of the second plate comprises a single bent part 184; (Claim 9). The vacuum adiabatic body of claim 8, wherein the two bent parts comprises a first bent part extending closer to the second plate body and a second bent part extending along an extension direction of the first plate body from the first bent part; (Claim 10). The vacuum adiabatic body of claim 9, wherein the first bent part is bent at a first angle from the first plate body, and closer to the second bent part is bent at a second angle from the first bent part, and wherein each of the first bent angle and the second bent angle is larger than 0 degrees and smaller than 180 degrees; (Claim 16). A vacuum adiabatic body, comprising: a first plate 3 including a first plate body and a first flange 184 bent from the first plate body; a second plate (inner shell 2 and the panel adjacent to the inner shell 2) including a second plate body and a second flange bent from the second flange; a vacuum space provided between the first plate and the second plate; and wherein the first flange 184 is provided at a position extending further along an extension direction of the first plate than the second flange; (Claim 17). The vacuum adiabatic body of claim 16, wherein each of the first flange and the second flange includes at least one bent part to allow the first flange and the second flange to extend different directions; (Claim 19). The vacuum adiabatic body of claim 17, wherein the at least one bent part of the first flange 184 includes a first bent part extending in a direction closer to the vacuum space, and wherein the at least one bent part of the second flange includes a second bent part in a direction away from the vacuum space.
Claim(s) 1, 2, 4, 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 2000882 to Comstock.
Comstock discloses (Claim 1). A vacuum adiabatic body, comprising: a first plate 3 including a first plate body and a first flange 184 bent from the first plate body; a second plate (inner shell 2 and the panel adjacent to the inner shell 2); a vacuum space provided between the first plate and the second plate, wherein the first flange 184 includes a portion that extends in a different direction from an extension direction of the second plate; (Claim 2). The vacuum adiabatic body of claim 1, wherein the portion of the first flange 184 extends in a direction closer to the second plate; (Claim 4). The vacuum adiabatic body of claim 1, wherein the second plate comprises a second plate body and a second flange bent from the second plate body; (Claim 5). The vacuum adiabatic body of claim 4, wherein the first flange 184 is provided at a position extending further along an extension direction of the first plate body compared to the second flange.
Claim(s) 1-4, 6-7, 11-12, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 3161265 to Matsch et al (hereinafter Matsch).
Matsch discloses (Claim1). A vacuum adiabatic body, comprising (Fig. 4): a first plate 10 including a first plate body and a first flange bent from the first plate body; a second plate 12; a vacuum space provided between the first plate 10 and the second plate 12, wherein the first flange includes a portion that extends in a different direction from an extension direction of the second plate; (Claim 2). The vacuum adiabatic body of claim 1, wherein the portion of the first flange extends in a direction closer to the second plate 12; (Claim 3). The vacuum adiabatic body of claim 1, wherein the portion 20a of the first flange extends in a direction away from the second plate 12; (Claim 4). The vacuum adiabatic body of claim 1, wherein the second plate 12 comprises a second plate body and a second flange bent from the second plate body; (Claim 6). The vacuum adiabatic body of claim 4, wherein a first direction in which the first flange extends is different from a second direction in which the second flange extends; (Claim 7). The vacuum adiabatic body of claim 4, wherein the first flange of the first plate 10 extends in a direction closer to the second plate body, and wherein the second flange of the second plate extends in a direction away from the first plate body; (Claim 11). The vacuum adiabatic body of claim 4, wherein the first flange of the first plate 10 extends in a direction away from the second plate body, and wherein the second flange of the second plate extends in a direction away from the first plate body; (Claim 12). The vacuum adiabatic body of claim 4, wherein each of the first flange and the second flange comprises two bent parts, and wherein the two bent parts comprises a first bent part extending outward with respect to the vacuum space and a second bent part extending further in an extension direction of the first plate body or the second plate body; (Claim 14). The vacuum adiabatic body of claim 1, further comprising a conductive resistance sheet (col, 5, lines 30-32, stainless steel foil) coupled to the first flange of the first plate and the second plate by a sealing; (Claim 15). The vacuum adiabatic body of claim 14, wherein the sealing comprises a first sealing provided on the first flange and a second sealing provided on the second flange, and wherein the conductive resistance sheet comprises: a first coupling surface coupled to the first flange and on which the first sealing is provided; and a second coupling surface coupled to the second flange and on which the second sealing is provided, the second coupling surface extending in a second direction different from a first direction that first coupling surface extends (col, 5, lines 22-32, stainless steel foil).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-6, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 3338451 to Kesling in view of Comstock.
Kesling discloses (Claim 1). An adiabatic body, comprising (Fig. 7): a first plate 151 including a first plate body and a first flange bent from the first plate body; a second plate 155; an adiabatic insulation space provided between the first plate and the second plate, wherein the first flange includes a portion that extends in a different direction from an extension direction of the second plate; (Claim 2). The adiabatic body of claim 1, wherein the portion 154 of the first flange extends in a direction closer to the second plate 155; (Claim 3). The adiabatic body of claim 1, wherein the portion (distal end of the flange) of the first flange extends in a direction away from the second plate 155; (Claim 4). The adiabatic body of claim 1, wherein the second plate 155 comprises a second plate body and a second flange (including 157) bent from the second plate body 155; (Claim 5). The adiabatic body of claim 4, wherein the first flange is provided at a position extending further along an extension direction of the first plate body compared to the second flange; (Claim 6). The adiabatic body of claim 4, wherein a first direction in which the first flange extends is different from a second direction in which the second flange extends; (Claim 13). The adiabatic body of claim 4, wherein each of the first flange and the second flange comprises two bent parts, wherein the two bent parts comprises a first bent part bent at a first angle from the first or second plate body, and a second bent part bent at a second angle from the first plate body or the second plate body, and wherein each of the first bent angle and the second bent angle is larger than 0 degrees and smaller than 90 degrees; (Claim 14). The adiabatic body of claim 1, further comprising a conductive resistance sheet 159 coupled to the first flange of the first plate and the second plate by a sealing; (Claim 15). The adiabatic body of claim 14, wherein the sealing comprises a first sealing provided on the first flange and a second sealing provided on the second flange, and wherein the conductive resistance sheet 159 comprises: a first coupling surface 167,169,171 coupled to the first flange and on which the first sealing is provided; and a second coupling surface 161 coupled to the second flange and on which the second sealing is provided, the second coupling surface extending in a second direction different from a first direction that first coupling surface extends; (Claim 16). An adiabatic body, comprising (Fig. 7): a first plate 151 including a first plate body and a first flange bent from the first plate body; a second plate 155 including a second plate body and a second flange bent from the second flange; a space provided between the first plate 151 and the second plate 155; and wherein the first flange is provided at a position extending further along an extension direction of the first plate than the second flange; (Claim 17). The adiabatic body of claim 16, wherein each of the first flange and the second flange includes at least one bent part to allow the first flange and the second flange to extend different directions; (Claim 18). The vacuum adiabatic body of claim 17, wherein the at least one bent part of the first flange includes two bent parts that extend different directions, and wherein the at least one bent part of the second flange includes a portion that extends to an opposite side (with opposite side being defined as the exterior of first panel 151) of the first plate 151; (Claim 19). The adiabatic body of claim 17, wherein the at least one bent part of the first flange includes a first bent part extending in a direction closer to the space, and wherein the at least one bent part of the second flange includes a second bent part in a direction away from the space; (Claim 20). The adiabatic body of claim 16, further comprising a conductive resistance sheet 159 coupled to a first bent portion of the first flange and a second bent portion of the second flange.
The differences being that Kesling fails to clearly disclose the space being a vacuum space.
However, Comstock discloses a refrigerator comprising a vacuum adiabatic body, comprising: a first plate 3 including a first plate body and a first flange 184 bent from the first plate body; a second plate (inner shell 2 and the panel adjacent to the inner shell 2); a vacuum space provided between the first plate and the second plate, wherein the first flange 184 includes a portion that extends in a different direction from an extension direction of the second plate.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Comstock, to modify Kesling to include the limitations in the claims of the adiabatic body being a vacuum adiabatic body having a vacuum space provided between the first plate and the second plate with a reasonable expectation of success in order to increase the overall versatility of the vacuum adiabatic body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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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.
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HVT
January 28, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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