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 Final Office action from the examiner in charge of this application in response to the Amendment filed on 6/20/2025.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 8627678 to Choi in view of KR 20210106399 to Kim.
Choi discloses (Claim 1). A refrigerator appliance 1 defining a vertical direction and a horizontal direction, the refrigerator appliance 1 comprising: a cabinet 10 forming a receiving space; a door 12 to provide selective access to the receiving space; an icebox 120 at least partially received within the receiving space; an icebox door 130 providing selective access to the icebox; and a latch 140 rotatably coupled to the icebox door 130 to selectively secure the icebox door 130 to the icebox 120 (such as shown in Fig. 4), the latch 140 defining an axial direction, a radial direction, and a circumferential direction, wherein the latch 140 comprises (such as shown in Figs. 4 & 7-9): a main body 142 defining a pivot point 143a; a handle 141 attached to the main body 142; a latch hook 142b spaced apart from the pivot point 143a along the radial direction by a first distance and extending clockwise along the circumferential direction; and a hammer 143 spaced apart from the pivot point 143a along the radial direction opposite the latch hook 142b by a second distance shorter than the first distance, the hammer 143 extending counterclockwise along the circumferential direction; (Claim 2). The refrigerator appliance of claim 1, wherein the icebox 120 defines a contact wall (such as shown in Figs. 3-4 & 9) selectively contacting the icebox door 130; (Claim 3). The refrigerator appliance of claim 2, wherein the contact wall defines a catch groove formed therein, the catch groove 128 forming a receiving space for acceptance of the latch hook 142b; (Claim 4). The refrigerator appliance of claim 1, wherein an extension length of the hammer 143 along the circumferential direction is less than an extension length of the latch hook 142b along the circumferential direction; (Claim 5). The refrigerator appliance of claim 1, wherein the latch 140 further comprises: an aperture 142d defined through the main body 142 along the axial direction and elongated along the circumferential direction; (Claim 6). The refrigerator appliance of claim 5, wherein the icebox door 130 further comprises: a guide pin 137 projecting along the horizontal direction, the guide pin 137 protruding through the aperture 142d of the latch 140 to guide a rotational movement of the latch 140; (Claim 7). The refrigerator appliance of claim 1, further comprising: a handle cover 138 (Fig. 8) fastened to the icebox door 130, wherein the latch 140 is provided between the icebox door 130 and the handle cover 138; (Claim 8). The refrigerator appliance of claim 7, wherein the handle cover 138 comprises a boss 145 protruding along the horizontal direction toward the icebox door 130; (Claim 9). The refrigerator appliance of claim 8, wherein the boss 145 penetrates the latch 140 at the pivot point 143a such that the latch 140 pivots about the boss 145; (Claim 10). An icebox 120 defining a vertical direction and a horizontal direction, the icebox 120 being integrally formed in a refrigerator appliance 1, the icebox 120 comprising: a frame defining a storage space; an icebox door 130 movably coupled to the frame and providing selective access to the storage space; and a latch 140 rotatably coupled to the icebox door 130 to selectively secure the icebox door 130 to the frame, the latch 140 defining an axial direction, a radial direction, and a circumferential direction, wherein the latch 140 comprises (such as shown in Figs. 4 & 7-9): a main body 142 defining a pivot point 143a; a handle 141 attached to the main body 142; a latch hook 142b spaced apart from the pivot point 143a along the radial direction by a first distance and extending clockwise along the circumferential direction; and a hammer 143 spaced apart from the pivot point 143a along the radial direction opposite the latch hook 142b by a second distance shorter than the first distance, the hammer 143 extending counterclockwise along the circumferential direction; (Claim 11). The refrigerator appliance of claim 10, wherein the icebox 120 defines a contact wall (such as shown in Figs. 3-4 & 9) selectively contacting the icebox door 130; (Claim 12). The refrigerator appliance of claim 11, wherein the contact wall defines a catch groove formed therein, the catch groove 128 forming a receiving space for acceptance of the latch hook 142b; (Claim 13). The refrigerator appliance of claim 10, wherein an extension length of the hammer 143 along the circumferential direction is less than an extension length of the latch hook 142b along the circumferential direction; (Claim 14). The refrigerator appliance of claim 10, wherein the latch 140 further comprises: an aperture 142d defined through the main body 142 along the axial direction and elongated along the circumferential direction; (Claim 15). The refrigerator appliance of claim 14, wherein the icebox door 130 further comprises: a guide pin 137 projecting along the horizontal direction, the guide pin 137 protruding through the aperture 142d of the latch 140 to guide a rotational movement of the latch 140; (Claim 16). The refrigerator appliance of claim 10, further comprising: a handle cover 138 (Fig. 8) fastened to the icebox door 130, wherein the latch 140 is provided between the icebox door 130 and the handle cover 138; (Claim 7). The refrigerator appliance of claim 16, wherein the handle cover 138 comprises a boss 145 protruding along the horizontal direction toward the icebox door 130; (Claim 18). The refrigerator appliance of claim 17, wherein the boss 145 penetrates the latch 140 at the pivot point 143a such that the latch 140 pivots about the boss 145.
The differences being that Choi fails to clearly disclose the limitations in each of the independent claims 1 and 10 of “whereby the hammer contacts at least one of the icebox or the door of the refrigerator appliance while the icebox door is secured to the icebox”.
Kim discloses a latch 520 rotatably coupled to a closure, the latch 520 comprising: a main body defining a pivot point (via shaft 521); a latch hook 522 spaced apart from the pivot point along the radial direction by a first distance; and a hammer 523 spaced apart from the pivot point, whereby the hammer 523 contacts a striker 400 while the closure is secured to a door opening.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of Kim, to modify Choi to include the limitations in respective Claims 1 and 10 of “whereby the hammer contacts at least one of the icebox or the door of the refrigerator appliance while the icebox door is secured to the icebox” with a reasonable expectation of success in order to facilitate opening of the door as well as to increase the overall versatility of the refrigerator appliance.
Response to Arguments
Applicant's arguments filed 6/20/2025 have been fully considered but they are not persuasive. In response to applicant’s argument that Choi fails to disclose a hammer that contacts at least one of the icebox or the door of the refrigerator appliance while the icebox door is secured to the icebox, the examiner respectfully take the position that, as stated in the art rejection, Kim teaches such limitations.
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 HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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HVT
July 29, 2025
/HANH V TRAN/Primary Examiner, Art Unit 3637
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