Prosecution Insights
Last updated: August 17, 2026
Application No. 18/428,034

REFRIGERATOR

Non-Final OA §103
Filed
Jan 31, 2024
Priority
Mar 24, 2023 — RE 10-2023-0038919
Examiner
AYRES, TIMOTHY MICHAEL
Art Unit
3637
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
LG Electronics Inc.
OA Round
2 (Non-Final)
59%
Grant Probability
Moderate
2-3
OA Rounds
1m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
585 granted / 996 resolved
+6.7% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
19 currently pending
Career history
1028
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 996 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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) 1-3, 5-8, 10, 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over by US Patent 11,859,434 to Collene in view of European Patent EP 1884614 to Liebherr. Collene teaches. A refrigerator, comprising: a cabinet (B, HP) having a storage compartment (CS); a door (RD) rotatably connected to the cabinet to open and close the storage compartment; and a damper (D) configured to provide a damping force to resist the movement a movement of door as the door rotates in a closing direction (Figure 14-16), wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force, and wherein the damper includes a first end (SC) connected to the door and a second end () that is not fixed, the second end being configured to contact the cabinet based on a location of the cabinet with respect to the door (). Collene does not expressly disclose two different damping force. Liebherr teaches A refrigerator (Figure 1), comprising: a cabinet (2) having a storage compartment; a door (4) rotatably connected to the cabinet to open and close the storage compartment; and a damper (12) configured to provide a damping force to resist the movement of door as the door rotates in a closing direction, the damping force including a first damping force having a first magnitude and a second damping force having a second magnitude that is less than the first magnitude, wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force (figure 4, par 19, first damping force in region C or G, second damping force in region D or H). wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the first damping operation and the second damping operation are performed consecutively (as best seen in figures 3-4, par 19, piston 50). Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the refrigerator of Collene by using a two stage damper as taught by Liebherr to better control door closing. Regarding claim 2, Collene in view Liebherr teaches 2. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the first damping operation and the second damping operation are performed consecutively (Liebherr, as best seen in figures 3-4, par 19, piston 50). Regarding claim 3, Collene in view Liebherr teaches 3. wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force when an angle formed by a front surface of the cabinet and the door becomes a predetermined angle or less. (Liebherr, as best seen in figures 3-4, par 19, piston 50) Regarding claim 5, Collene in view Liebherr teaches 5. wherein the second magnitude of the second damping force is less than a magnitude of a third damping force that acts on the door as the pillar contacts the cabinet, or a total of the magnitude of the third damping force that acts on the door as the pillar contacts the cabinet and the second magnitude of the second damping force is equal to or less than the first magnitude of the first damping force (Liebherr, as best seen in figures 1, 4, damper 12 at the door 4). Regarding claim 6, Collene in view Liebherr teaches 6. wherein the damper is located at the door (Liebherr, as best seen in figure 1, damper 12 including the arm 26 pressed by the hinge bracket 5). Regarding claim 7, Collene in view Liebherr teaches 7. wherein the refrigerator further comprises a hinge assembly (Liebherr, 3, 5) configured to rotatably connect the door to the cabinet, and wherein the damper is configured to generate the damping force while being pressed by the hinge assembly. Regarding claim 8, Collene in view Liebherr teaches 8. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, wherein the damper includes: a cylinder configured to accommodate fluid in an inner space thereof; and a piston configured to compress the fluid while moving in the inner space of the cylinder to generate the damping force, and wherein the damper is configured to transition between the first damping operation and the second damping operation based on a change in a position of the piston in the inner space of the cylinder (Liebherr, see figure 4, the comparison between curves v1 and v2, showing the larger damping force applied when angular speed is hinger, thus when the angular speed falls below a set speed, the damping force is reduced). Regarding claim 9, Collene in view Liebherr teaches 9. A refrigerator, comprising: a cabinet (Collene B, HP; Liebherr, 2) having a storage compartment; a door (Collene RD, HP; Liebherr, 4) rotatably connected to the cabinet to open and close the storage compartment; and a damper (Collene D, HP; Liebherr, 12) configured to provide a damping force to resist a movement of door as the door rotates in a closing direction, the damping force including a first damping force having a first magnitude and a second damping force (Liebherr, figure 4, par 19, first damping force in region C or G, second damping force in region D or H) having a second magnitude that is less than the first magnitude, wherein as the door rotates in the closing direction the damping force provided by the damper changes from the first damping force to the second damping force, where in the damper includes: a cylinder (Liebherr, 13, figure 3) including an inner space (Liebherr, figure 3); a piston (Liebherr, 24,54) configured to compress a fluid (Liebherr, 51) located inside the cylinder while moving in the inner space of the cylinder to generate the damping force and a rod (Liebherr, 24, 26) connected to the piston, wherein the inner space of the cylinder includes: a first inner diameter section (Liebherr, figure 3); and a second inner diameter section (Liebherr, figure 3), an inner diameter of the second inner diameter section being greater than an inner diameter of the first inner diameter section, and the second inner diameter section being located at an end of the cylinder, wherein the first inner diameter section is located closer to an end of the rod located outside of the cylinder than the second inner diameter section wherein, as the piston moves in the first inner diameter section, the damper is configured to operate based on the first damping operation, and wherein, as the piston moves in the second inner diameter section, the damper is configured to operate based on the second damping operation. Regarding claim 10, Collene in view Liebherr teaches 10. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when an angle formed by a front surface of the cabinet and the door is a set angle or less. Regarding claim 11, Collene in view Liebherr teaches 11. wherein the damper is configured to: operate based on the first damping operation when the door is in a first section that is a point at which the damper starts to operate and a point at which the angle between the front surface of the cabinet and the door is the set angle; and operate based on the second damping operation when the door is in a second section that is between a point at which the door closes the storage compartment and the point at which the angle between the front surface of the cabinet and the door is the set angle. Regarding claim 14, Collene in view Liebherr teaches 14. wherein the damper comprises: a housing configured to accommodate fluid; and a piston configured to compress the fluid while moving in the housing to generate the damping force, wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when a distance moved by the piston is a set distance or greater. (Liebherr, see figure 3, housing 12, fluid 53, piston 50, first section 61, second section 63) Regarding claim 15, Collene in view Liebherr teaches 15. wherein an inner space of the housing includes: a first inner diameter section; and a second inner diameter section, an inner diameter of the second inner diameter section being greater than an inner diameter of the first inner diameter section, wherein the first inner diameter section and the second inner diameter section are arranged along a direction in which the piston moves, wherein, when the distance moved by the piston is less than the set distance, the piston moves in the first inner diameter section, and wherein, when the distance moved by the piston is the set distance or greater, the piston moves in the second inner diameter section. (Liebherr, see figure 3, housing 12, fluid 53, piston 50, first section 61, second section 63) Regarding claim 16, Collene in view Liebherr teaches 16. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when an angular speed of the door is a set speed or less. Claim(s) 4, 5, 12, 13, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,859,434 to Collene in view of European Patent EP 1884614 to Liebherr as applied to claim 1 above, and further in view of US Patent Publication 2021/0364223 to Oh. Collene in view of Liebherr discloses every element as claimed and discussed above except a pillar. Oh teaches A French door style refrigerator having a door (20) with a rotating pillar (203) for sealing between the doors (20b, 20a) as best seen in figure 5 (par 72). A hinge assembly (figure 6) connect the door to the cabinet an includes a damper (46). Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the refrigerator of Collene in view of Liebherr to include a rotating pillar between the french doors as taught by Oh to shield the space (seal the cooling chamber). The examiner considers that there is no direct connection between the pillar and the hinge and therefore any response from the hinge or damper based on the position of the pillar is design choice that is already in the design of the damper of Collene in view of Liebherr. Claim(s) 1-3, 5-8, 10, 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over by US Patent 11,859,434 to Collene in view of US Patent 10,865,597 to Chen. Collene teaches. A refrigerator, comprising: a cabinet (B, HP) having a storage compartment (CS); a door (RD) rotatably connected to the cabinet to open and close the storage compartment; and a damper (D) configured to provide a damping force to resist the movement a movement of door as the door rotates in a closing direction (Figure 14-16), wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force, and wherein the damper includes a first end (SC) connected to the door and a second end () that is not fixed, the second end being configured to contact the cabinet based on a location of the cabinet with respect to the door (). Collene does not expressly disclose two different damping force. Chen teaches a damper with varying inner diameters that allow for varying damping effect based on the position of the piston (Col 5, line 60 – Col 6, line 43). Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the refrigerator of Collene by using a staged damper as taught by Chen to better control door closing. Regarding claim 2, Collene in view Chen teaches 2. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the first damping operation and the second damping operation are performed consecutively (Chen, figure 5). Regarding claim 3, Collene in view Chen teaches 3. wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force when an angle formed by a front surface of the cabinet and the door becomes a predetermined angle or less. (Chen, figure 5) Regarding claim 6, Collene in view Chen teaches 6. wherein the damper is located at the door (Collene, figure 14-16). Regarding claim 7, Collene in view Chen teaches 7. wherein the refrigerator further comprises a hinge assembly (Collene, figure 14-16) configured to rotatably connect the door to the cabinet, and wherein the damper is configured to generate the damping force while being pressed by the hinge assembly. Regarding claim 8, Collene in view Chen teaches 8. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein the damper includes: a cylinder configured to accommodate fluid in an inner space thereof; and a piston configured to compress the fluid while moving in the inner space of the cylinder to generate the damping force, and wherein the damper is configured to transition between the first damping operation and the second damping operation based on a change in a position of the piston in the inner space of the cylinder (Chen, figure 5). Regarding claim 9, Collene in view Chen teaches 9. A refrigerator, comprising: a cabinet having a storage compartment; a door rotatably connected to the cabinet to open and close the storage compartment; and a damper configured to provide a damping force to resist a movement of door as the door rotates in a closing direction, the damping force including a first damping force having a first magnitude and a second damping force having a second magnitude that is less than the first magnitude, wherein as the door rotates in the closing direction the damping force provided by the damper changes from the first damping force to the second damping force, where in the damper includes: a cylinder including an inner space; a piston configured to compress a fluid located inside the cylinder while moving in the inner space of the cylinder to generate the damping force and a rod connected to the piston, wherein the inner space of the cylinder includes: a first inner diameter section; and a second inner diameter section, an inner diameter of the second inner diameter section being greater than an inner diameter of the first inner diameter section, and the second inner diameter section being located at an end of the cylinder, wherein the first inner diameter section is located closer to an end of the rod located outside of the cylinder than the second inner diameter section wherein, as the piston moves in the first inner diameter section, the damper is configured to operate based on the first damping operation, and wherein, as the piston moves in the second inner diameter section, the damper is configured to operate based on the second damping operation. Regarding claim 10, Collene in view Chen teaches 10. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when an angle formed by a front surface of the cabinet and the door is a predetermined angle or less. (Chen, figure 5) Regarding claim 11, Collene in view Chen teaches 11. wherein the damper is configured to: operate based on the first damping operation when the door is in a first section that is a point at which the damper starts to operate and a point at which the angle between the front surface of the cabinet and the door is the predetermined angle; and operate based on the second damping operation when the door is in a second section that is between a point at which the door closes the storage compartment and the point at which the angle between the front surface of the cabinet and the door is the predetermined angle. (Chen figure 5) Regarding claim 14, Collene in view Chen teaches 14. wherein the damper comprises: a housing configured to accommodate fluid; and a piston configured to compress the fluid while moving in the housing to generate the damping force, wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when a distance moved by the piston is a predetermined distance or greater. (Chen, figure 5) Regarding claim 15, Collene in view Chen teaches 15. wherein an inner space of the housing includes: a first inner diameter section; and a second inner diameter section, an inner diameter of the second inner diameter section being greater than an inner diameter of the first inner diameter section, wherein the first inner diameter section and the second inner diameter section are arranged along a direction in which the piston moves, wherein, when the distance moved by the piston is less than the predetermined distance, the piston moves in the first inner diameter section, and wherein, when the distance moved by the piston is the predetermined distance or greater, the piston moves in the second inner diameter section. (Chen, figure 5) Regarding claim 16, Collene in view Chen teaches 16. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation based on a location of a piston of the damper. (Chen, figure 5) Claim(s) 4, 5, 12, 13, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,859,434 to Collene in view of US Patent 10,865,597 to Chen as applied to claim 1 above, and further in view of US Patent Publication 2021/0364223 to Oh. Collene in view of Chen discloses every element as claimed and discussed above except a pillar. Oh teaches A French door style refrigerator having a door (20) with a rotating pillar (203) for sealing between the doors (20b, 20a) as best seen in figure 5 (par 72). A hinge assembly (figure 6) connect the door to the cabinet an includes a damper (46). Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the refrigerator of Collene in view of Chen to include a rotating pillar between the french doors as taught by Oh to shield the space (seal the cooling chamber). The examiner considers that there is no direct connection between the pillar and the hinge and therefore any response from the hinge or damper based on the position of the pillar is design choice that is already in the design of the damper of Collene in view of Chen. Response to Arguments Applicant’s arguments filed 12/09/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.M.A/Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
Read full office action

Prosecution Timeline

Jan 31, 2024
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §103
Dec 09, 2025
Response Filed
May 26, 2026
Final Rejection mailed — §103
Jul 27, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
59%
Grant Probability
80%
With Interview (+21.1%)
2y 8m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 996 resolved cases by this examiner. Grant probability derived from career allowance rate.

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