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 .
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 1-20 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.
In claim 1, lines 8-9, it is not clear exactly how “a spring element” is structurally related/linked to other element(s), besides the lever arm, to exert force on the lever arm. Apparently, connecting the spring element only to the lever arm would have no effect to the movement of the lever arm. An opposite end of the spring element must be anchored to an object, in order to effectuate its compression/extension.
In claim 1, lines 11-12, it is not clear how “an adjustment element” is structurally related/linked to the hinge assembly, such that the pretension of the spring element can be adjusted. Without proper linkage to the hinge assembly, any extraneous element, such as a hand tool or a surface on which the hinge is mounted, can be considered as an adjustment element.
In claim 7, lines 2-3, “…accessible from a direction essentially perpendicular to the side cover plate” is confusing because the “direction essentially perpendicular to the side cover plate” contradicts with the direction shown in the figures, i.e., figure 1 clearly shows that the head of the setscrew (12) is accessible from a direction parallel to the side cover plate, not perpendicular to the side cover plate (2).
Note that other claims, depending from the rejected claims, are also considered vague and indefinite.
Note that other claims, depending from the rejected claims, are also considered vague and indefinite.
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, 7-8, 15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Homner ‘580 (US 2020/0332580A1).
Regarding claim 1, Homner shows a hinge (10) for a door of an overhead luggage compartment, comprising a side cover plate (14), a lever arm (12) for supporting a door, which is connected to the side cover plate so as to be pivotable about a pivot axis (S1) and which is pivotable between a first pivot position (22), which corresponds to an open position of the door, and a second pivot position (20), which corresponds to a closed position of the door, a spring element (34) connected to the lever arm to support movement of the lever arm between the second pivot position and the first pivot position, and an adjustment element (50) with which a pretension of the spring element can be adjusted ([0035]).
As to claim 2, the adjustment element (50) comprises an adjustment unit (50, 42)) with which the pretension of the spring element can be adjusted from outside a perimeter of the side cover plate ([0037]).
As to claim 3, the adjustment element comprises a setscrew (50) for adjusting the pretension of the spring element.
As to claim 7, as best understood from the figures of the invention, Homner shows that a rotary drive of a screw head (50, figs, 3-4) is accessible from a direction essentially perpendicular to a portion (36) of the side cover plate (figs. 4-5) from outside a perimeter of the side cover plate (14).
As to claim 8, a counter element (“48”, fig. 5) extends along a portion of the perimeter of the side cover plate essentially perpendicular to the side cover plate,, wherein the screw head of the setscrew is supported on the counter element.
As to claim 15, the spring element (34) comprises a tension spring (torsion spring is a tension spring).
As to as to claim 18, a side element (i.e., a side wall) of an overhead luggage of Homner is an inherent structural element for supporting the hinge of claim 1. Without a side wall, the side cover plate (or fixed part 14 and the entire hinge assembly) would not be operably mounted to the “airplane luggage compartments”.
As to claim 19 and 20, an overhead luggage compartment of an airplane, including a housing (storage space), an insertion opening, the side element of the housing, and a hinge mounted between a door are all inherent components taught by Homner (see door and hinge arrangement in fig. 1).
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Heimbach ‘208 (US 11,293,208 B2) in view of Seyler ‘626 (4,776,626).
Regard claim 1, Heimbach discloses a hinge for a door of an overhead luggage compartment as claimed, including a side cover plate (32a, 32b), a lever arm (30) for supporting the door, which is connected to the side cover plate so as to pivotable about a pivot axis (A1) and which is pivotable between a first pivot position (fig. 5) corresponding to an open position of the door, and a second pivot position (fig. 4) corresponding to a closed position of the door, and a springe element (40) connected to the lever arm to support movement of the lever arm between the second pivot position and the first pivot position (col. 5, lines 22-col. 6, line 7). Heimbach does not show an adjustment element to adjust a pretension of the spring element. Instead, Heimbach uses a damper (e.g., hydraulic or gas spring) as a spring element to bias the lever arm from the closed position to the open position, without any adjusting means with respect to the biasing force. Seyler teaches a hinge for a trunk lid including a spring assembly having a spring element (15) and an adjustment element (31, 32) to adjust a pretension of the spring element, so that the spring element may exert a lifting force that is just sufficient to hold the lid at any selected open position or, alternatively, is slightly greater than the force required to counterbalance the lid so that the lid opens gradually into a fully raised position (col. 1, lines 36-59). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the spring element of Heimbach with the spring assembly taught by Seyler, so that the biasing force of the spring element can be pretensioned by the adjustment element such that the door can be kept at any selected position mentioned above.
As to claim 2, the adjustment element of Seyler comprises an adjustment unit (31, 32) with which the pretension of the spring element (15) can be adjusted outside a perimeter of the side cover plate (14, figs. 1-2).
As to claim 3, the adjustment element of Seyler comprises a setscrew (31).
As to claim 4, the adjustment element of Seyler comprises a nut (32) with which the setscrew is engaged; the spring element (15) is connected to the nut.
As to claim 5, the spring element of Seyler is formed at a first end (30) as an eye in which the nut engages (viewing axially of the spring).
As to claim 6, the spring element of Seyler at its first end engages around the nut on both sides of the setscrew (figs. 1-3).
As to claim 7, a rotary drive of a screw head (31a) of the setscrew is accessible from a direction essentially perpendicular to the side cover plate (14) from outside a perimeter of the side cover plate.
As to claim 8, Seyler shows a counter element (33) extending along a portion of the perimeter of the side cover plate essentially perpendicular to the side cover plate (14), and the screw head (31a)is supported on the counter element.
As to claim 9, Heimbach shows that the lever arm (30) comprises a first arm element (“30a”, fig. 3) and a second arm element (“3ab”); the first arm element is arranged to support the door and the spring element is connected to the second arm element.
As to claim 10, the spring element of Seyler shows a spring section (mid-section of spring 15) and a straight connection section (figs. 5-6, a straight section above reference “29”), wherein the connection section connects the spring to the lever arm.
As to claim 11, the connection section of the spring (15) is formed to be integral with the spring section.
As to claim 12, Seyler shows that the spring section on a side of the connection section comprises a perimeter (cross-section of spring coil) normal to the spring force direction, and the connection section extends from a region of the perimeter of the spring section that faces away from the pivot axis (22, fig. 3).
As to claim 13, the spring assembly of Seyler shows a rotatably mounted bushing (28) to which the spring element is connected.
As to claim 14, the bushing (28) is rotatably mounted on a pin (29).
As to claims 15 and 16, the spring element (15) is a tension spring and is a linear spring.
As to claim 17, the adjustment element of Seyler (31, 32) is located in a spring axis of the spring element.
As to claim 18, Heimbach shows a side element (side wall 22) and a hinge assembly of claim 1 is mounted adjacent to a section of a perimeter of the side wall (fig. 3).
As to claim 19, Heimbach shows a luggage compartment storage space (24) with an insert opening (fig. 1); the lever arm (30) supports a door (14) which is movable between the closed position (fig. 4) and the opening position (fig. 5).
As to claim 20, see fig. 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
3,112,514 (Ostrom) shows a counter-balance and hinge for a lid, including a cover plate, a lever arm, a spring element one end connected to the lever arm, and another end connected to an adjusting element to adjust the bias of the spring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUCK MAH whose telephone number is (571)272-7059. The examiner can normally be reached M-F 7:00-3:00.
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/CHUCK Y MAH/ Primary Examiner, Art Unit 3677 CM
July 11, 2026
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