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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (refrigerator) in the reply filed on 8/13/2024 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/13/2024.
Claim Interpretation
The claim is a product by process claim. The product itself does not depend on the process of making it. The product-by-process limitation "integrally molded" and “overmolded” would not be expected to impart distinctive structural characteristics to the device/apparatus.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 14-16, 21, 22, are 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites that the phrase “unitary glass panel” and “formed of a continuous sheet” which is considered to be new matter since the original specification and drawings do not discuss how the glass panel is formed. The main recitation in specification is that the glass panel is impermeable to air and is a thin and lightweight glass panel. The examiner does not consider that “impermeable to the air” always inherently conveys “continuous” or “unitary” since there appears to be other structures for the panel (composite materials, a panel with a sealed hatch, etc.) to make the panels impermeable to the air that are not “continuous” or “unitary”. Therefore “unitary” and “continuous” are not considered to be supported by the original disclosure.
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.
Claim(s) 14, 16, 21, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,648,609 to Ernat.
Ernat teaches
14. A vacuum insulated cabinet of a refrigeration unit, comprising: a liner (wall 20 and other layers as seen in figure 6-8) that defines a storage compartment of the refrigeration unit, the liner including a plastic inner liner layer (adhesive 72 in innermost layer, the adhesive plastic, col 6, lines 62-67), a plastic outer liner layer (adhesive 72 in innermost layer, the adhesive plastic, col 6, lines 62-67), and a first unitary glass panel (one or more of the layers with the glass spheres 70 or 90 that are coated with plastic, col 4, lines 42-53 and col 8, lines 1-17) formed as a single continuous sheet (the layer 122 is formed of glass spheres combined with resin/adhesive, the examiner considers the structure when cured forms a unified and continuous structure along an inside surface of the walls of the insulating cavity to create a composite sheet of glass and plastic) disposed between the plastic inner and outer liner layers, wherein the plastic outer liner layer is integral with the plastic inner liner layer, such that the plastic inner and outer liner layers form a single unitary body (the adhesive in all layers and the walls are the same material (polymer) and therefore create a single unitary body); a wrapper (wall 22 and other layers as seen in figures 6-8); and insulation material (34) disposed within an interior volume defined by the liner and the wrapper, wherein at least one of the liner and the wrapper includes a plastic overmolded glass panel.
16. wherein the liner includes the plastic overmolded glass panel is overmolded on the first glass panel.
21. wherein the first unitary glass panel has a thickness within a range of from approximately 0.4 millimeters to approximately 1 millimeter (the layer 122 can have a thickness of up to 500 microns or .5 mm, Col 7, lines 9-26).
25. wherein an interior volume of the cabinet is defined by the liner and the wrapper without a trim breaker (as best seen in figure 1, the specification does not recite a trim breaker, but does recite the wrapper and liner are coupled together and the cavity/volume is sealed to provide for a partial vacuum 38 as seen in figure 9).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1, 4-6, 11-16, and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US Patent 10,648,609 to Ernat alone or alternative in view of US Patent 11,402,149 to Allard or US Patent 11,280,441 to Nigam.
Ernat teaches
1. A refrigeration unit, comprising: a cabinet that comprises: a wrapper (wall 22 and other layers as seen in figures 6-8) that includes a plastic inner wrapper layer (adhesive 72 in innermost layer, the adhesive is plastic, col 6, lines 62-67), a plastic outer wrapper layer (wall 22 when made from a polymer/plastic; col 5, lines 41-46 or the adhesive 72 on the layer adjacent along the surface 28 to the wall 22), and a first glass panel (one of the layers with the glass spheres 70 or 90 that are coated with plastic, col 4, lines 42-53 and col 8, lines 1-17) having a thickness within a range of from approximately 0.4 millimeters to approximately 1 millimeter (the layer 122 can have a thickness of up to 500 microns or .5 mm, Col 7, lines 9-26) disposed between the plastic inner and outer wrapper layers; a liner (wall 20 and other layers as seen in figure 6-8) that includes a plastic inner liner layer (adhesive 72 in innermost layer, the adhesive plastic, col 6, lines 62-67), a plastic outer liner layer (wall 20 when made from a polymer/plastic; col 5, lines 41-46 or the adhesive 72 on the layer adjacent along the surface 32 to the wall 20), and second glass panel (one of the layers with the glass spheres 70 or 90 that are coated with plastic, col 4, lines 42-53 and col 8, lines 1-17) having a thickness within a range of from approximately 0.4 millimeters to approximately 1 millimeter (the layer 122 can have a thickness of up to 500 microns or .5 mm, Col 7, lines 9-26) disposed between the plastic inner and outer liner layers, wherein the plastic outer liner layer is integral with the plastic inner wrapper layer, such that the plastic outer liner layer and the plastic inner wrapper layer form a single unitary body (expanded upon below); and insulation material (34) disposed between the plastic outer liner layer of the liner and the plastic inner wrapper layer of wrapper; and a compressor (is inherently implied and present with the term “refrigerator”) positioned within a machine compartment at least partially defined by the cabinet.
4. wherein the plastic inner liner layer defines a storage compartment (is inherently implied and present with the term “refrigerator”).
5. wherein the plastic inner liner layer is coupled to the plastic outer wrapper layer.
6. wherein the plastic inner liner layer and the plastic outer wrapper layer are integrally molded with each other.
11. wherein the first glass panel is overmolded with plastic.
12. wherein the second glass panel is overmolded with plastic.
13. wherein the cabinet is a vacuum insulated cabinet (Col 8, lines 30-37).
14. A vacuum insulated cabinet of a refrigeration unit, comprising: a liner (wall 20 and other layers as seen in figure 6-8) that defines a storage compartment of the refrigeration unit, the liner including a plastic inner liner layer (adhesive 72 in innermost layer, the adhesive plastic, col 6, lines 62-67), a plastic outer liner layer (adhesive 72 in innermost layer, the adhesive plastic, col 6, lines 62-67), and a first glass panel (one of the layers with the glass spheres 70 or 90 that are coated with plastic, col 4, lines 42-53 and col 8, lines 1-17) disposed between the plastic inner and outer liner layers, wherein the plastic outer liner layer is integral with the plastic inner liner layer, such that the plastic inner and outer liner layers form a single unitary body (the adhesive in all layers and the walls are the same material (polymer) and therefore create a single unitary body); a wrapper (wall 22 and other layers as seen in figures 6-8); and insulation material (34) disposed within an interior volume defined by the liner and the wrapper, wherein at least one of the liner and the wrapper includes a plastic overmolded glass panel.
15. further comprising: a trim breaker (expanded upon below) coupled to a terminal end of the liner and a terminal end of the wrapper at a front perimeter of the cabinet that surrounds an opening to the storage compartment.
16. wherein the liner includes the plastic overmolded glass panel is overmolded on the first unitary glass panel.
21. wherein the first unitary glass panel has a thickness within a range of from approximately 0.4 millimeters to approximately 1 millimeter (the layer 122 can have a thickness of up to 500 microns or .5 mm, Col 7, lines 9-26).
22. wherein the first glass panel is formed of a continuous sheet, and wherein the second glass panel is formed of a continuous sheet (the layer 122 is formed of glass spheres combined with resin/adhesive, the examiner considers the structure when cured forms a unified and continuous structure along an inside surface of the walls of the insulating cavity to create a composite sheet of glass and plastic).
23. further comprising a trim breaker (expanded upon below) coupled to a terminal end of the wrapper and a terminal end of the liner and spanning a gap between the terminal ends.
24. wherein the cabinet is formed of the first glass panel being overmolded with plastic and the second glass panel being overmolded with plastic, and wherein the cabinet does not include a metal panel.
25. wherein an interior volume of the cabinet is defined by the liner and the wrapper without a trim breaker (as best seen in figure 1, the specification does not recite a trim breaker, but does recite the wrapper and liner are coupled together and the cavity/volume is sealed to provide for a partial vacuum 38 as seen in figure 9).
26. wherein the insulation material comprises at least one of an insulating powder, an insulating foam, and an insulating panel (Col 4, line 66-Col 5, line 14).
Allard teaches a method of encapsulating the ends of the wrapper (22, 14) and liner (26, 16) to combine into a trim unit (18).
Nigam teaches a refrigerator and method of connecting the wrapper (32) and liner (34) via flanges (52,54) that overlap to create a trim unit.
Claim 1 requires that the plastic outer liner layer is integral with the plastic inner wrapper layer, such that the plastic outer liner layer and the plastic inner wrapper layer form a single unitary body.
Claim 15 requires a trim breaker.
The wrapper and the liner are connected (coupled) to define the insulating cavity via step 506 (Col 8, lines 18-38). The definition of the cavity inherently creates a fully enclosed space and a unitary body since the adhesive in all layers and the walls are the same material (polymer). In addition, “coupled” is taught to be capable of meaning a unitary body, col 9, lines 7-18; A trim breaker is the element/structure that is inherently required to complete the wrapper and liner connection to define the cavity.
or in the alternative before the effective filing date of the claimed invention it would have been obvious to modify the refrigerator of Ernat to use the trim unit structure/method as taught by Allard or Nigam to create a unitary body between the wrapper and liner with a trim breaker.
Response to Arguments
Applicant's arguments filed 12/05/2025 have been fully considered but they are not persuasive. The applicant argues that Ernat does not disclose “a liner that defines a storage compartment of the refrigeration unit, the liner including a plastic liner layer, a plastic outer liner layer, and a first unitary glass panel formed as a single continuous sheet disposed between the plastic inner and outer liner layers.” The examiner disagrees since the claims are to the final product (refrigerator) and therefore how the structure is made is irrelevant (unless the process imparts structural features). The examiner considers that the final configuration of the walls of Ernat results in a glass sphere composite structure surrounded by a pair of plastic layers. The composite glass structure is considered to be continuous and unitary since the spheres are embedded in the resin and the spheres cover the interior surface of the wrapper or liner. In addition, the layer structure of Ernat must create an air impermeable structure since the insulation cavity does have a partial vacuum.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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, Dan 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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/T.M.A/ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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