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 .
This action is in response to the amendment filed 3/27/2026. Claims 1-9 and 12-22 are pending while claims 10-11 are canceled.
Response to Arguments
Applicant's arguments filed 3/27/2026 have been fully considered but they are not persuasive.
The Examiner has changed the mapping in the claim rejections to better address the limitations in the amended independent claim.
Independent claims remain rejected under 102 over Nomura.
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.
Claim(s) 1-6 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 9,074,717 to Nomura et al. (Nomura).
In reference to claim 1, Nomura teaches an appliance (col 1, lines 20-32; specifically 22 and 25) comprising a vacuum adiabatic body (100, FIG. 1-27) that includes a first plate (top plate of cover 4, FIG. 4), a second plate (bottom plate of cover 4, FIG. 4), a vacuum space provided between the first plate and the second plate (col 11, lines 20-25) and an opening (71/72, FIG. 25) that forms with respect to a storage space (300 and 601, FIG. 22); a partition (700, FIG. 22) that divides the storage space into at least two spaces (300 for storing perishables, 601 for storing elements of the cooling system, FIG. 22-27), the partition including an adiabatic member (700, FIG. 22) to insulate the at least two spaces (col 43, lines 19-30); and a door (310, FIG. 22) that opens and closes the at least two spaces (allows physical access to both 300 and 601, via 700, FIG. 22) and a pipe (col 45, line 46) connected to the partition (col 45, lines 36-42).
In reference to claim 2, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches wherein the pipe comprises a drain pipe configured to pass through the partition (col 45, lines 36-42).
In reference to claim 3, Nomura teaches the appliance as explained in the rejection of claim 2 above, and Nomura additionally teaches wherein the first plate defines a wall of a first
space, and wherein the drain pipe includes a portion disposed in the first space and configured to guide fluid generated in the first space to the partition (FIG. 22-27).
In reference to claim 4, Nomura teaches the appliance as explained in the rejection of claim 2 above, and Nomura additionally teaches wherein the second plate defines a wall of a
second space, and wherein the drain pipe includes a portion configured to connect the partition with a drain tray located in the second space (col 44, lines 1-11 and col 45, lines 40-67).
In reference to claim 5, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches a sealing frame (78, FIG. 18) provided at a peripheral portion of the vacuum adiabatic body and with which a gasket of the door contacts (inherent in the structure of FIG. 18 and 22; the door gasket contacts the peripheral portion of the vacuum insulating body 7, 700).
In reference to claim 6, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches a sealing frame (78, FIG. 18) that covers an end of at least one of the first plate or the second plate.
In reference to claim 12, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches a heat exchanger (650, FIG. 22) provided in one of the at least two spaces; and a cover (walls surrounding evaporator 650, FIG. 22) to shield the heat exchanger and including a pair of division walls provided at both sides of the heat exchanger.
In reference to claim 13, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches a heat exchanger (650, FIG. 22) provided in one of the at least two spaces; the pipe provided at a side of the heat exchanger to supply the air of the heat exchanger (col 42, lines 35-42); and a wall (at least one of the walls surrounding evaporator 650, FIG. 22) provided between the heat exchanger and the pipe to prevent re-inflow of the air to the heat exchanger.
In reference to claim 14, Nomura teaches the appliance as explained in the rejection of claim 1 above, and Nomura additionally teaches wherein the first plate includes a plurality of walls (1a, 2a….5a, FIG. 4), and wherein the appliance further comprises an airflow path cover that is spaced apart from one of the plurality of walls and receives a multi-duct (FIG. 4).
In reference to claim 15, Nomura teaches the appliance as explained in the rejection of claim 14 above, and Nomura additionally teaches wherein the multi-duct includes an inlet that is fluidly communicated with an air flow path of the partition (FIG. 22).
In reference to claim 16, Nomura teaches the appliance as explained in the rejection of claim 14 above, and Nomura additionally teaches a rack for a shelf (shelves within 100, FIG. 22), the rack being provided at the airflow path cover; and a coupler that couples the rack and the airflow path cover to the vacuum adiabatic body.
In reference to claims 17-20, they claim limitations similar to the limitations claimed in claims 1-6 and 12-16; thus, said claims 17-20 are rejected in the same manner, as described in detail above.
Allowable Subject Matter
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 21-22 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See attached PTO-892 for relevant prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILIP ZEC whose telephone number is (571)270-5846. The examiner can normally be reached Mon - Fri; 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JD Fletcher can be reached at 5712705054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FILIP ZEC/ Primary Examiner, Art Unit 3763
6/4/2026
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