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 .
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, “fist engagement surface”, “second engagement surface” , “second tab” and “second tooth” , the subject matter in claims 8 and 23 (e.g., the second tab with a free end) must be clearly labeled with a reference number and 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.
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.
(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.
Claims 1, 2, 5, 8 and 20-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20100031580 (“Lee et al.”).
Regarding Claims 1, 2, 5, 8 and 20-23, Lee et al. discloses an electrical appliance comprising:
a cabinet (10) having an opening closable by a door or drawer fitted thereto, and a trim system for the door (as seen in Figs. 7-9) in or drawer,
the trim system (100) comprising: an engagement structure (see Figs. 8-9) having a retainer (80) having a first engagement surface (along 80 and S2), the first engagement surface provided on a first tab (81) and having a plurality of ratchet teeth (83, 87) wherein the first tab (81) has a free end and an opposite, fixed end. attached to a main body of the engagement structure; and a trim member (90) having a first outward facing surface and a second inward facing surface; wherein the second surface of the trim member (90) includes a protrusion (leg portion extending from 90 ) configured to engage with the first engagement surface of the retainer (80), such that the trim member (90) is secured to the engagement structure by movement of the protrusion (leg portion extending from 90) in a direction extending from the fixed end to the free end of the first tab (81); and wherein the protrusion (leg portion extending from 90) has a first tooth (93, 92) configured to engage the plurality of ratchet teeth (83, 87) of the first engagement surface (along 80 and S2); Claims 2 and 21-wherein the retainer comprises a retaining clip ( first clip 81), the retaining clip (first clip 81)formed by the first engagement surface (along 81)and a second engagement surface (along second clip 81) opposing the first engagement surface (along first clips 81), the second engagement surface (along second clip 81) having one or more ratchet tooth/teeth (83, 87), and wherein the protrusion (extending from 90) also has a second tooth (93, 92) configured to engage the one or more ratchet tooth/teeth (83, 87) of the second engagement surface (along second clip 81);; Claims 5 and 22- wherein the second engagement surface is provided on a second tab (along a second clip 81); Claim 8 and 23-wherein the second tab (along a second clip 81) has a free end and an opposite, fixed end, attached to a main body of the engagement structure, wherein the free end of the second tab (along second clip 81)on which the second engagement surface is provided is arranged to receive the protrusion (leg portion extending from 90) of the trim member (91)as the protrusion (along leg portion) is moved to secure the trim member to the engagement structure (as see Figs. 8-9).
Claims 1-3 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20080042537 (“Kim et al.”)
Regarding Claims 1,3 and 20, Kim et al. discloses CLAIMS 1 and 20 an electrical appliance comprising:
a cabinet having an opening closable by a door (best see in Figs. 4-12) or drawer fitted thereto, and a trim system (37, 30) for the door or drawer,
the trim system (37, 30,) comprising:
an engagement structure having a retainer (along 37), see having a first engagement surface, the first engagement surface provided on a first tab (38, 38’) and having a plurality of ratchet teeth (38”) wherein the first tab (38, 38’) has a free end and an opposite, fixed end. attached to a main body of the engagement structure; and
a trim member (30) having a first outward facing surface and a second inward facing surface; wherein the second surface of the trim member includes a protrusion (34) configured to engage with the first engagement surface of the retainer (via 38”, best seen in in Figs.7-12), such that the trim member (30) is secured to the engagement structure (along 37) by movement of the protrusion (34) in a direction extending from the fixed end to the free end of the first tab (38, 38’); and wherein the protrusion (34) has a first tooth (35) configured to engage the plurality of ratchet teeth (38”) of the first engagement surface, Claims 2 and 21-wherein the retainer comprises a retaining clip (see Fig. 7-9), the retaining clip formed by the first engagement surface (along left side of 37, via 38, 38’) and a second engagement surface (along right side of 37, via38, 38‘) opposing the first engagement surface (along left side), the second engagement surface (along right side) having one or more ratchet tooth/teeth (38,38’), and wherein the protrusion (47) also has a second tooth (48) configured to engage the one or more ratchet tooth/teeth (38””) of the second engagement surface (along right side of 37)
Claim 3-wherein the first engagement surface (along 38, 38) has at least two ratchet teeth (38”), each of which is engageable with the first tooth (along 48, 35), the at least two ratchet teeth (38” arranged spaced apart such that the protrusion (48,35) may be secured within the retainer to at least a first and second extent.
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 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 of this title, 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 and 9-20 are rejected under 35 U.S.C 103(a) as being unpatentable over JP 2006090662 (“AZUMAGUCHI et al.”) in view of Us Pub No.:20100031580 (“Lee et al.”).
Regarding Claims 1 and 20, AZUMAGUCHI discloses (best seen in to Figs. 3 -6) discloses an electrical appliance comprising:
a cabinet (see abstract) having an opening closable by a door (9) or drawer fitted thereto, and a trim system (25, 40) for the door or drawer, the trim system 25, 40) comprising: an engagement structure (35) having a retainer (36) having a first engagement surface (along 36, as seen in Fig. 6); and a trim member (40) having a first outward facing surface and a second inward facing surface (best seen in Fig. 6); wherein the second surface of the trim member (40) includes a protrusion (41) configured to engage with the first engagement surface (along 36) of the retainer (as seen in Figs. 3 & 6), such that the trim member (40) is secured to the engagement structure (along 36).
AZUMAGUCHI discloses the claimed invention but does not disclose the wherein the first tab has a free end and an opposite, fixed end attached to a main body and the trim member is secured in a direction extending from the fixed end to the free end of the first tab.
Lee et al. discloses a refrigerator with an engaging structure having a first tab has a free end and an opposite, fixed end attached to a main body of the engagement structure; and the trim member is secured to the engagement structure by movement of the protrusion in a direction extending from the fixed end to the free end of the first tab
It would have been obvious to one having skill in the art before the effective filing date of the invention that retainer and protrusion taught by AZUMAGUCHI. could be improved and substituted for a retainer having a first tab with free end so that the trim member is secured in place by movement of the protrusion in a direction extending from the fixed end to the free end of the first tab , similar to the connection taught by Lee et al. for a more secure connection that can not be easily separated to improve the productivity and cost, by preventing leaks through gaps between the respective sides of the trim assembly and the door panels.
Regarding Claims Claim 9-19, the combination discloses (AZUMAGUCHI) wherein the engagement structure is formed by injection moulding a plastics material and the trim member is formed from metal; the combination discloses the claimed invention but does not expressly disclose the engagement member is made of plastic and the trim member is made from metal ; it would be an obvious design choice for the external trim member to be made of metal where the internal engagement member is made of plastic, for aesthetic appeal and to maintain consistency with the other components of the refrigerator ; Claim 10-, wherein each of the plurality of ratchet teeth (along 1)of the first engagement surface, or the first tooth, or both, have an insertion face and a removal face, wherein the removal face is inclined more steeply than the insertion face such that removal of the protrusion from the retainer is impeded relative to its insertion (as modified by Lee et al.); Claim 11-wherein each of the one or more ratchet tooth/teeth of the second engagement surface (along 2), or the second tooth, or both, have an insertion face and a removal face, wherein the removal face is inclined more steeply than the insertion face such that removal of the protrusion from the retaining clip is impeded relative to its insertion; Claim 12- wherein the trim member and/or engagement structure is/are substantially elongate, extending predominantly in a longitudinal direction; Claim 13- wherein the plurality of ratchet teeth (along 2) of the first engagement surface are displaced across a lateral width of the engagement structure, substantially perpendicularly to a longitudinal extension direction of the engagement structure; Claim 14- wherein the engagement structure (along 2) further comprises one or more abutments configured to prevent relative movement of the trim member in the longitudinal direction of its extension; Claim 15-wherein the engagement structure is provided on an exposed top or bottom surface of a door(9); Claim 16- wherein the protrusion (along 1) comprises a right angle, having a first portion extending in a direction substantially normal to the second surface of the trim member, and a second portion extending in a direction substantially parallel to the second surface of the trim member; Claim 17- wherein the first tooth of the protrusion (along 1) is located on a first surface of the second portion, parallel to the second surface of the trim member; Claim 18-wherein the protrusion (along 1) comprises a right angle, having a first portion extending in a direction substantially normal to the second surface of the trim member, and a second portion extending in a direction substantially parallel to the second surface of the trim member, wherein the first tooth of the protrusion is located on a first surface of the second portion, parallel to the second surface of the trim member, and wherein the second tooth of the protrusion is located on a second surface of the second portion, opposite the first surface; Claim 19-wherein, when the protrusion (along 1) is located in and engaged by the retaining clip, the first and second engagement surfaces of the retaining clip are parallel to the second surface of the trim member.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5, and 8-23 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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 on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637