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.
Claim Objections
Claims 4, and 7 are objected to because of the following informalities: (i) claim 4, line 2, “a second partial plate” should be “the second partial plate”; and (ii) claim 7, line 3, “second potion” should be “second portion”. Appropriate correction is required.
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)(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.
Claim(s) 1-15, and 18-20, having an effective filing date of 8/16/2017, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by USP 11624550 to Kim et al (hereinafter Kim).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Kim discloses (Claim 1). A vacuum adiabatic body, comprising: a first plate 10; a second plate 20: a vacuum space 50 provided between the first plate 10 and the second plate 20; and a support 30 configured to maintain a distance between the first plate 10 and second plate 20 and comprising a first support plate 350, wherein the first support plate includes: a first partial plate (a first portion of support plate 350) and a second partial plate 350 (a second portion of support plate 350); and an opening (such as shown in Fig. 13) formed in at least one of the first partial plate or a second partial plate; (Claim 2). The vacuum adiabatic body of the claim 1, wherein the first partial plate includes a first portion to form a part of the opening, and the second partial plate includes a second portion to form another part of the opening; (Claim 3). The vacuum adiabatic body of the claim 2, wherein at least one of the first portion or the second portion includes an edge; (Claim 4). The vacuum adiabatic body of the claim 1, wherein the opening is formed in each of the first partial plate and the second partial plate; (Claim 5). The vacuum adiabatic body of the claim 1, wherein the first partial plate includes a first portion to support a second portion of the second partial plate (the first portion and the second portion “support” each other), and wherein the first portion and the second potion define the opening; (Claim 6). The vacuum adiabatic body of the claim 1, wherein the first partial plate includes a first portion to contact a second portion of the second partial plate, and wherein the first portion and the second potion define the opening; (Claim 7). The vacuum adiabatic body of the claim 1, wherein the first partial plate includes a first portion to couple with a second portion of the second partial plate (the first portion and the second portion are integrally formed, thus are coupled to each other), and wherein the first portion and the second portion define the opening; (Claim 8). The vacuum adiabatic body of the claim 1, wherein when a virtual line is drawn from a first edge of the first support plate 350 in a direction toward a second edge of the first support plate 350, the virtual line passes through the first partial plate and the second partial plate; (Claim 9). The vacuum adiabatic body of the claim 1, wherein the first support plate further includes a third partial plate, and wherein when a virtual line is drawn from a first edge of the first support plate 350 in a direction toward a second edge of the first support plate 350, the virtual line passes through the first partial plate and the third partial plate; (Claim 10). The vacuum adiabatic body of the claim 1, wherein the first support plate 350 further includes a third partial plate, and wherein when a virtual line is drawn from a first edge of the first support plate 350 in a direction toward a second edge of the first support plate 350, the virtual line passes through the first partial plate, the second partial plate and the third partial plate;
PNG
media_image1.png
1142
1122
media_image1.png
Greyscale
(Claim 11). A vacuum adiabatic body, comprising: a first plate 10; a second plate 20; a vacuum space 50 provided between the first plate 10 and the second plate 20; and a support 30 configured to maintain a distance between the first plate 10 and second plate 20 and comprising a first support plate 350, wherein the first support plate 350 includes: a first partial plate; and a second partial plate configured to support the first partial plate; (Claim 12). The vacuum adiabatic body of the claim 11, wherein the first partial plate and the second partial plate are disposed within the vacuum space 50 in a state where the first partial plate and the second partial plate are assembled with each other; (Claim 13). The vacuum adiabatic body of the claim 11, further comprising an exhaust port 40 (Fig. 2) through which a gas of the vacuum space is exhausted, wherein the exhaust port 40 operates to exhaust the gas of the vacuum space in a state where the first partial plate and the second partial plate are disposed within the vacuum space 50; (Claim 14). The vacuum adiabatic body of the claim 11, wherein the first partial plate includes a first portion to contact a second portion of the second partial plate; (Claim 15). The vacuum adiabatic body of the claim 11, wherein the first partial plate includes a first portion to couple with a second portion of the second partial plate (the first portion and the second portion are integrally formed, thus are coupled to each other); (Claim 18). A vacuum adiabatic body, comprising: a first plate 10; a second plate 20; a vacuum space 50 provided between the first plate 10 and the second plate 20; and a support 30 configured to maintain a distance between the first plate 10 and second plate 20 and comprising a first support plate 350 that includes a first partial plate and a second partial plate, wherein the first partial plate and the second partial plate are disposed within the vacuum space 50 in a state where the first partial plate and the second partial plate are assembled with each other; (Claim 19). The vacuum adiabatic body of the claim 18, further comprising an exhaust port 40 (Fig. 2) through which a gas of the vacuum space is exhausted, wherein the exhaust port 40 operates to exhaust the gas of the vacuum space 50 in a state where the first partial plate and the second partial plate are disposed within the vacuum space 50; (Claim 20). The vacuum adiabatic body of the claim 18, wherein the first partial plate includes a first edge to support a second edge of the second partial plate.
PNG
media_image2.png
992
975
media_image2.png
Greyscale
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) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of WO 2016/105019 to Jeong et al (hereinafter Jeong).
Kim discloses all the elements as discussed above including the limitations in Claim 17 of wherein the first and second partial plates comprises at least one opening. The differences being that Kim fails to clearly disclose for the limitations recited in claim 16, and claim 17 of wherein the insertion portion forms a first edge of the at least one opening and the holding portion forms a second edge of the at least one opening.
Regarding claim 16, Jeong discloses a vacuum body comprising: a first plate 20 defining at least a portion of a wall for a first space; a second plate 40 defining at least a portion of a wall for a second space having a second temperature different from a first temperature of the first space; a third space between the first plate and the second plate; a support 400 that maintains the third space, wherein the support 400 comprises a first support plate formed by coupling at least two partial plates 400(a)-400(w) to each other to support one of the first plate or the second plate; wherein the first partial plate includes an insertion portion 511 provided at an edge of the first partial plate, and wherein the second partial plate includes a holding portion 512 (such as shown in Fig. 14) provided at an edge of the second partial plate and coupled to the insertion portion.
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 Jeong, to modify Kim to include the limitations in Claim 16 of wherein the first partial plate includes an insertion portion provided at an edge of the first partial plate, and wherein the second partial plate includes a holding portion provided at an edge of the second partial plate and coupled to the insertion portion with a reasonable expectation of success in order to increase the overall versatility of the vacuum adiabatic body.
Regarding Claim 17, Kim, as modified in view of Jeong, meets the limitations in Claim 17 of wherein the insertion portion forms a first edge of the at least one opening and the holding portion forms a second edge of the at least one opening.
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 11466925. Although the claims at issue are not identical, they are not patentably distinct from each other because both recites, at least, a vacuum adiabatic body, comprising: a first plate: a second plate: a vacuum space provided between the first plate and the second plate; and a support configured to maintain a distance between the first plate and second plate and comprising a first support plate, wherein the first support plate includes: a first partial plate and a second partial plate; and an opening formed in at least one of the first partial plate or a second partial plate.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11781802. Although the claims at issue are not identical, they are not patentably distinct from each other because both recites, at least, a vacuum adiabatic body, comprising: a first plate: a second plate: a vacuum space provided between the first plate and the second plate; and a support configured to maintain a distance between the first plate and second plate and comprising a first support plate, wherein the first support plate includes: a first partial plate and a second partial plate; and an opening formed in at least one of the first partial plate or a second partial plate.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12209795. Although the claims at issue are not identical, they are not patentably distinct from each other because both recites, at least, a vacuum adiabatic body, comprising: a first plate: a second plate: a vacuum space provided between the first plate and the second plate; and a support configured to maintain a distance between the first plate and second plate and comprising a first support plate, wherein the first support plate includes: a first partial plate and a second partial plate; and an opening formed in at least one of the first partial plate or a second partial plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and shows 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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HVT
July 30, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
Prosecution Insights