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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 – 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 17 of U.S. Patent No. 12,553,565 to Wonyeong et al. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are directed towards vacuum adiabatic body.
Wonyeong et al. discloses a vacuum adiabatic body comprising: a first plate; a second plate including a portion separated from the first plate in a first direction to define a vacuum space between the first plate and the second plate; a support provided between the first plate and the second plate, wherein the support includes a plurality of distribution structures that are spaced apart from each other (Claims 1, 8, and 17) as in claim 1. With respect to claim 2, the support comprises a first support plate including a plurality of through-holes (Claims 1, 8, and 17). Regarding claim 3, the support comprises a plurality of spacers fixedly disposed on the first support plate (Claims 1, 8, and 17).
Claims 1 – 3, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12,449,191 to Wonyeong et al. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are directed towards vacuum adiabatic body.
Wonyeong et al. discloses a vacuum adiabatic body comprising: a first plate; a second plate including a portion separated from the first plate in a first direction to define a vacuum space between the first plate and the second plate; a support provided between the first plate and the second plate, wherein the support includes a plurality of distribution structures that are spaced apart from each other (Claim 1) as in claim 1. With respect to claim 2, the support comprises a first support plate including a plurality of through-holes (Claim 1). Regarding claim 3, the support comprises a plurality of spacers fixedly disposed on the first support plate (Claim 1). As in claim 19, at least one of the plurality of through-holes is defined by a pair of first extensions extending in a second direction and a pair of second extensions extending in a third direction that intersects the second direction (Claim 2).
Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 10, and 12 - 15 of U.S. Patent No. 12,247,778 to Wonyeong et al. Although the claims at issue are not identical, they are not patentably distinct from each other because both cases are directed towards vacuum adiabatic body.
Wonyeong et al. discloses a vacuum adiabatic body comprising: a first plate; a second plate including a portion separated from the first plate in a first direction to define a vacuum space between the first plate and the second plate; a support provided between the first plate and the second plate, wherein the support includes a plurality of distribution structures that are spaced apart from each other (Claim 1) as in claim 1. With respect to claim 2, the support comprises a first support plate including a plurality of through-holes (Claim 1). Regarding claim 3, the support comprises a plurality of spacers fixedly disposed on the first support plate (Claim 1). For claim 4, an adjacent pair of the distribution structures are separated by 5 or more and 8 or less through- holes (Claim 4). In claim 5, a plurality of distribution structures is disposed symmetrically with respect to a point of a line that bisects the length in the X-axis direction in the support (Claim 3). With regard to claim 6, the plurality of distribution structures include: a plurality of outer distribution structures positioned adjacent to a corner in each of the support; and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures (Claim 5). As in claim 7, at least two of the plurality of the outer distribution structures are spaced apart from each other in the X-axis direction, and at least two of the plurality of the outer distribution structures are spaced apart from each other in the Z-axis direction (Claim 6). With respect to claim 8, the number of the outer distribution structures is greater than the number of the inner distribution structures, or the distance between the two adjacent outer distribution structures is greater than the distance between the two adjacent inner distribution structures (Claim 7). Regarding claim 9, the plurality of inner distribution structures are disposed to be spaced apart from each other in the X-axis and the Z-axis (Claims 8 and 9). For claim 10, the plurality of inner distribution structures include: a first inner distribution structure positioned on one side a line that bisects the length in the X-axis direction in the support; a second inner distribution structure positioned on the other side of the line, wherein a distance between the first inner distribution structure and the line is same as a distance between the second inner distribution structure and the line (Claims 8 and 9). In claim 11, the number of through- holes between the first inner distribution structure and one of the outer distribution structure adjacent to the first inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the second inner distribution structure (Claim 10). With regard to claim 12, the number of through- holes between the second inner distribution structures and one of the outer distribution structure adjacent to the second inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the second inner distribution structure (Claim 10). As in claim 13, the number of through- holes between the second inner distribution structure and the one of the outer distribution structure adjacent to the second inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the other of the outer distribution structure adjacent to the first inner distribution structure (Claim 10). With respect to claim 14, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including at least one of the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein the number of distribution structures in the second group is greater than the number of distribution structures in the first group (Claim 12). Regarding claim 15, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including at least one of the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein the number of distribution structures in the third group is greater than the number of distribution structures in the first group (Claim 12). For claim 16, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein a distance between the distribution structures of the first group is greater than the distance between the distribution structures of the second group (Claim 13). In claim 17, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein a distance between the distribution structures of the first group is greater than the distance between the distribution structures of the third group (Claim 13). With regard to claim 18, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein an area of a triangle connecting the two inner distribution structures and one outer distribution structure may be larger than an area of a triangle connecting the two outer distribution structures and one inner distribution structure (Claim 14). As in claim 19, at least one of the plurality of through-holes is defined by a pair of first extensions extending in a second direction and a pair of second extensions extending in a third direction that intersects the second direction (Claim 15). With respect to claim 20, the support includes a first support plate, and a second support plate coupled to the first support plate, wherein a first plurality of distribution structures of the first support plate and a second plurality of distribution structures of the second support plate are disposed at a misaligned position (Claim 2).
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.
Claims 1 – 3, 5 – 7, and 8 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Woong et al. (KR 10-2019-0018835).
Woong et al. discloses a vacuum adiabatic body (Figures; Abstract) comprising: a first plate (Figure 8, #10); a second plate including a portion separated from the first plate in a first direction to define a vacuum space between the first plate and the second plate (Figure 8, #20); a support provided between the first plate and the second plate (Figure 8, #30), wherein the support includes a plurality of distribution structures that are spaced apart from each other (Figures 13 and 15) as in claim 1. With respect to claim 2, the support comprises a first support plate including a plurality of through-holes (Figures 13 and 15). Regarding claim 3, the support comprises a plurality of spacers fixedly disposed on the first support plate (Figures 13 and 15). In claim 5, a plurality of distribution structures is disposed symmetrically with respect to a point of a line that bisects the length in the X-axis direction in the support (Figures 13 and 15). With regard to claim 6, the plurality of distribution structures include: a plurality of outer distribution structures positioned adjacent to a corner in each of the support; and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures (Figures 13 and 15). As in claim 7, at least two of the plurality of the outer distribution structures are spaced apart from each other in the X-axis direction, and at least two of the plurality of the outer distribution structures are spaced apart from each other in the Z-axis direction (Figures 13 and 15). Regarding claim 9, the plurality of inner distribution structures are disposed to be spaced apart from each other in the X-axis and the Z-axis (Figures 13 and 15). For claim 10, the plurality of inner distribution structures include: a first inner distribution structure positioned on one side a line that bisects the length in the X-axis direction in the support; a second inner distribution structure positioned on the other side of the line, wherein a distance between the first inner distribution structure and the line is same as a distance between the second inner distribution structure and the line (Figures 13 and 15). In claim 11, the number of through- holes between the first inner distribution structure and one of the outer distribution structure adjacent to the first inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the second inner distribution structure (Figures 13 and 15). With regard to claim 12, the number of through- holes between the second inner distribution structures and one of the outer distribution structure adjacent to the second inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the second inner distribution structure (Figures 13 and 15). As in claim 13, the number of through- holes between the second inner distribution structure and the one of the outer distribution structure adjacent to the second inner distribution structure is same as the number of the through-holes between the first inner distribution structure and the other of the outer distribution structure adjacent to the first inner distribution structure (Figures 13 and 15). With respect to claim 14, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including at least one of the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein the number of distribution structures in the second group is greater than the number of distribution structures in the first group (Figures 13 and 15). Regarding claim 15, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including at least one of the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein the number of distribution structures in the third group is greater than the number of distribution structures in the first group (Figures 13 and 15). For claim 16, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein a distance between the distribution structures of the first group is greater than the distance between the distribution structures of the second group (Figures 13 and 15). In claim 17, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein the plurality of distribution structures include a first group including the plurality of inner distribution structures, a second group including a first plurality of the outer distribution structures positioned on a first side of the first group, and a third group including a second plurality of the outer distribution structures positioned on a second side of the first group, and wherein a distance between the distribution structures of the first group is greater than the distance between the distribution structures of the third group (Figures 13 and 15). With regard to claim 18, the plurality of distribution structures include a plurality of outer distribution structures positioned adjacent to a peripheral portion the support, and a plurality of inner distribution structures positioned in an area formed by an imaginary line connecting the plurality of outer distribution structures, wherein an area of a triangle connecting the two inner distribution structures and one outer distribution structure may be larger than an area of a triangle connecting the two outer distribution structures and one inner distribution structure (Figures 13 and 15). As in claim 19, at least one of the plurality of through-holes is defined by a pair of first extensions extending in a second direction and a pair of second extensions extending in a third direction that intersects the second direction (Figures 13 and 15).
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.
Claims 4, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Woong et al. (KR 10-2019-0018835).
Woong et al. discloses a vacuum adiabatic body (Figures; Abstract) comprising: a first plate (Figure 8, #10); a second plate including a portion separated from the first plate in a first direction to define a vacuum space between the first plate and the second plate (Figure 8, #20); a support provided between the first plate and the second plate (Figure 8, #30), wherein the support includes a plurality of distribution structures that are spaced apart from each other (Figures 13 and 15). However, Woong et al. fail to disclose an adjacent pair of the distribution structures are separated by 5 or more and 8 or less through-holes, the number of the outer distribution structures is greater than the number of the inner distribution structures, or the distance between the two adjacent outer distribution structures is greater than the distance between the two adjacent inner distribution structures, and the support includes a first support plate, and a second support plate coupled to the first support plate, wherein a first plurality of distribution structures of the first support plate and a second plurality of distribution structures of the second support plate are disposed at a misaligned position.
With regard to the limitations of “an adjacent pair of the distribution structures are separated by 5 or more and 8 or less through-holes, the number of the outer distribution structures is greater than the number of the inner distribution structures, or the distance between the two adjacent outer distribution structures is greater than the distance between the two adjacent inner distribution structures, and the support includes a first support plate, and a second support plate coupled to the first support plate, wherein a first plurality of distribution structures of the first support plate and a second plurality of distribution structures of the second support plate are disposed at a misaligned position”, It would have been an obvious matter of design choice to change the distribution structures, since such a modification would have involved a mere change in the size of a component. A change in size or shape is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. MPEP 2144.04.
Conclusion
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 September 24, 2026
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