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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted n is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The lengthy specification (39 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. For an example, the “out” plate should be read the “outer” plate. See the claims 1-21 the “outer” plate. Paras. 184-185, 191, 195, 199-200 discloses “planarization region 215…” and Para. 183 discloses “planarization region 125”
The current abstract of the disclosure (a method for manufacturing…) is objected to because that is not what the claimed invention is drawn to (see claims 1-21, structures of “a refrigerator”, not a method and a die and a punch). Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
Claim 1, line 4 the language defines should be after the (i).
Claim 15, line 2 add “have” between “to” and “a height”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 1 limitation “a hole filling member” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
First, "member" is a generic substitute for “means”; second, the "member" is modified by functional language including “configured to transmit light from the LEDs…”; and third, the "member" is not modified by sufficient structure to perform the recited function because "filling" preceding member describes the function, not the structure of the member.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-21 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.
The preamble of claim 1 is “a refrigerator”. From this preamble, it appears Applicant is seeking protection for the refrigerator. However, in the body of claim 1, there is nothing to claim a refrigerating feature. It appears to claim a cabinet, a door and a display in the door. Thus, it is unclear what to interpret to the preamble, a general appliance (not necessary a refrigerator) or a refrigerator.
Claim 2 “a through hole…the through hole” is unclear whether the through hole refers to one of the plurality of through holes in claim 1 or an additional through hole.
Claim 3 “the through holes” is unclear whether the through holes refer to the plurality of through holes in claim 1 or additional through holes or inherent through holes. If they are the same through holes, Applicant is requested to use the same terminology throughout the claims. Claim 11 has the same issue.
Claim 4 “the through hole” is unclear whether the through hole refers to one of the plurality of through holes in claim 1 or an additional through hole or an inherent through hole. If they are the same through holes, Applicant is requested to use the same terminology throughout the claims. Claim 5 has the same issue.
The scope of Claim 6 “the planarization region has a brighter color than other regions at the rear surface of the outer plate” is unclear how one region can be brighter color than other regions at the same metal plate? Does the metal plate have a multiple colors? Reading Applicant’s specification, para. 183 “the planarization region 125 may not protrude from the rear surface of the material steel plate 100, but may have a slightly different color from other portions of the rear surface of the material steel plate 100 due to wear” that is not a brighter color than other regions at the same metal plate; it can be noticeable than the other regions. Thus, as it is written, it is confusing.
Claim 7 “a through hole…the through hole” is unclear whether the through hole refers to one of the plurality of through holes in claim 1 or an additional through hole. Claim 9 has the same issue.
Claims 12-14 “the through hole” is unclear whether it refers to one of the plurality of through holes or an additional through hole or an inherent through hole.
Claim 15 “a hole-filling material” is unclear whether it refers to the hole filling member in claims 14 (as discussed in Applicant’s para. 68 “a hole-filling member 214 is filled in the first though hole 213”) or an addition hole-filling material. Are the hole-filling material and the hole filling member the same, right? Claims 16-18 have the same issue.
All claims dependent from claim 1 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent from the rejected parent claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 does not refer back to and further limit the claim from which it depends (see the last paragraph of claim 1). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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 1-19, 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 2017/0089633 A1) hereinafter Kim.
Regarding claim 1, as best understood, Kim shows a refrigerator (Figure 1 and Para. 9 “a refrigerator”) comprising:
a cabinet (Para. 61 “a cabinet which forms a storage space and a refrigerator door 10 which is installed at the cabinet to open and close the storage space”) defining a storage space; and
a door (10, 20 Figures 1-2, 17) configured to open and close the storage space; wherein the door includes an outer plate (27, Figure 17 and Para. 144 “) that (i) defines a front surface of the door (Figure 2), (ii) is made of a metal material (Para. 97 “the stored stainless steel plate 27”), and (iii) includes a display part (11, 12, Figure 2), the display part including:
a plurality of through holes (see three holes in the bottom picture of Figure 17 for receiving a hole-filling member 22), that are defined in the outer plate,
a plurality of light emitting diodes (LEDs 313, Figure 9) that are configured to transmit light through the plurality of through holes to thereby displaying information, and
a hole filling member (22, Figures 9 and 17) provided in the plurality of through holes and configured to transmit light from the LEDs therethrough, wherein a front surface of the hole filling member protrudes beyond a front surface of the outer plate (see the bottom picture of Figure 2, the hole filling member 22 protrudes beyond a top surface of the steel plate 27).
Regarding claim 2, as best understood, Kim shows that a diameter (D1, Figure 17) of a through hole of the plurality of through holes at a front surface of the outer plate is smaller than a diameter (D2) of the through hole at a rear surface thereof (see the top picture of Figure 17).
Regarding claims 3-4, Kim shows that a planarization region (see Figure 17 below) is formed around each of the through holes on a rear surface of the outer plate, wherein the planarization region (see Figure 17 below) has a predetermined width outward from a circumference of the through hole at the rear surface of the outer plate (see the bottom picture of Figure 17, the region has a predetermined width outward from a circumference of the through hole along the rear surface of the plate 27).
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Regarding claim 5, Kim shows that the circumference of the through hole at the rear surface of the outer plate corresponds to an inner circumference of the planarization region (see Figure 17 above that the inner circumference of the planarization region forms the through hole), and a circle around the through hole corresponds to an outer circumference of the planarization region (see the rear surface coating layer 272, Figure 17 and Para. 199).
Regarding claim 6, as best understood, Kim shows that the planarization region has a brighter color than other regions at the rear surface of the outer plate (the planarization region can be brighter or noticeable than other regions because it is near or adjacent to the hole-filling member 22 which is for transmitted light as discussed in Para. 89).
Regarding claim 7, Kim shows that a diameter (D2, Figure 17) of a through hole at the rear surface of the outer plate is greater than a diameter (D1) of the through hole at the front surface of the outer plate, and a diameter of an outer circumference of the planarization region is greater than the diameter (D2) of the through hole at the rear surface of the outer plate (this is inherent limitation since the planarization region forms the through hole, therefore, any diameter of the planarization region can be greater than the greater than the diameter of the through hole).
Regarding claim 8, Kim shows that a diffusion sheet is attached on a rear surface of the outer plate and configured to shield the plurality of through holes and/or the entire rear surface of the outer plate (Para. 135 “A diffusion sheet 250 may be attached to the rear surface of the front panel 20 in which the first through-holes 21 are formed” and see Kim’s claim 13).
Regarding claim 9, Kim shows that the hole filling member (22) is provided in a through hole of the plurality of through holes (see Figure 17), wherein the front surface of the hole filling member protrudes beyond the front surface of the outer plate (see the discussion in claim 1 above).
Regarding claim 10, Kim shows that the hole filling member protrudes beyond the front surface of the outer plate by 50 µm or less (see the last picture of Figure 19, the hole filling member 22 protrudes beyond the front surface of the outer plate 27 by a thickness of the coating layer 271. In Para. 234 “each of the coating layers 271 and 272 may be formed to have a thickness of 5 μm or more so that the thickness is formed as thin as possible and the stainless steel plate 27 is effectively protected”).
Regarding claim 11, Kim shows that a first protective film (271, Figure 19) is provided at the front surface of the outer plate and configured to shield the entire front surface of the outer plate except for the plurality of through holes (Figure 19).
Regarding claims 12-13, Kim shows that the hole filling member (22, Figure 19) is provided in the through hole of the plurality of through holes and has a height corresponding to the first protective film (271, Figure 19), wherein the hole filling member (22) is provided in the through hole based on the diffusion sheet and the first protective film being attached to the outer plate (see Figure 19 and Para. 135 “A diffusion sheet 250 may be attached to the rear surface of the front panel 20 in which the first through-holes 21 are formed”).
Regarding claim 14, Kim shows that after the hole filling member is provided in the through hole, the first protective film is removed from the outer plate (see Figure 9, after all parts are assembled, there is no protective film or layer 271 that means it is removed from the displaying unit and see Para. 222 “ the stainless steel plate 27 has to be provided in a state of being located at an exact processing position before the coating layer is removed and also to be prevented from being shaken while the coating layers 271 and 272 are removed” and also, see the protect film 274 which can be removed later as discussed in Para. 242.
With regards to the step of removing the first protect film after the hole filling member is provided in the through hole has been considered and given weight inasmuch as it infers end structures in the device or refrigerator. It is a product by process claim. See MPEP 2113).
Regarding claim 15, Kim shows that a hole-filling material of the hole filling member is provided in the through hole of the plurality of through holes to have a height corresponding to the first protective film (see Figures 17 and 19).
Regarding claims 16-17, Kim shows a second protective film (274, Figure 19) is provided at the front surface of the outer plate and configured to shield the entire front surface of the outer plate including a front surface of the hole-filling member (Figure 19), wherein the second protective film (274) is provided at an operation part defined on the front surface of the outer plate (as it is written, it is unclear what an operation part is and its function, therefore, the protecting film 274 is an operation part; it can protect the displaying unit or the plate 27 as discussed in Para. 241).
Regarding claim 18, Kim shows that the hole-filling member is made of an acrylate-based resin material (Para. 90 “an acrylic resin ink”).
Regarding claims 19 and 21, Kim shows one of the plurality of through holes has a diameter of 0.4 mm to 0.7 mm (Para. 82 “Each of the first through-holes 21 …the front surface groove 21a may be finely formed to have a diameter of 0.15 to 0.3 mm…0.8 to 1.5mm”, therefore, looking at Figure 17, the diameter between the grooves 21a, 21b can be met the claimed range of 0.4 mm to 0.7 mm), wherein the outer plate is made of a stainless steel plate (see the plate 27 is stainless steel as disclosed in Kim’s specification).
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 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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Regarding claim 20, Kim shows all of the limitations as stated above except that the outer plate has a thickness of 0.3 mm to 0.7 mm.
The thickness of an outer plate for refrigerators between of 0.3 mm to 0.7 mm is well-known in the art. Examiner takes Official Notice that it has long been known to have a thickness of an outer plate for refrigerators to be of 0.3 mm to 0.7 mm. Examples can be provided if challenged, as they are numerous. It would have been obvious to a person having ordinary skill in the art (PHOSITA) to have a thickness of the outer plate within the claimed range, in order to allow the outer plate can be firmed (Not flexible) and it can be cost effectiveness.
Moreover, it would have been obvious to one having ordinary skill in the art to have a thickness of the outer plate of any reasonable range including the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The claimed range would have been obvious because a person of ordinary skill has good reason to pursue the known options within technical grasp. These are known discovering the optimum or workable ranges depending on the thickness of the outer plate (proper strength of the door) requirements to be manufactured without wasting material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 3147609 A1 teaches a displaying unit for a refrigerator that appears similar art above.
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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 2/12/2026