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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,906,235 (‘235) in view of U.S. Patent Application Publication 2011/0041411 to Aragon (Aragon).
In reference to claim 1, ‘235 claims a refrigeration door system with a defrosting feature, the refrigeration door system comprising a housing defining a refrigerated cavity therein (claim 1, line 3); and a door assembly carried by the housing and providing access to the refrigerated cavity (claim 1, line 4); the door assembly comprising a door frame and door coupled to the door frame, the door switching between an open position providing the access to the refrigerated cavity and a closed position where the refrigerated cavity is inaccessible (claim 1, lines 6-11), the door frame comprising a top member having a first end and a second end opposite the first end (claim 1, lines 13-14), the top member having a top conduit therein (claim 1, line 23), a first side member coupled transversely to the first end of the top member and having a first conduit therein, the first conduit being fluidly coupled to the top conduit (claim 1, lines 15-17), a second side member coupled transversely to the second end of the top member and having a second conduit therein, the second conduit being fluidly coupled to the top conduit (claim 1, lines 18-19), a plurality of orifices positioned along the first side member and the second side member and being adjacent to the door when in the closed position (inherent; air must be conveyed from the pressure source and through the conduits into the channels within the door members), at least one positive pressure source fluidly coupled to the top member and configured to output air into at least first and second conduits and through the plurality of orifices (claim 8), and at least one heating device configured to heat the air from the at least one positive pressure source (claim 8), but does not claim a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door. Aragon shows a flexible door panel cold storage door system (FIG. 35) comprising a plurality of gasket pieces (148 and 164, FIG. 24) carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel (346. FIG. 35) between each of the first side member and the second side member and adjacent portions of the door (306 and 406, FIG. 35) in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly (par 0013).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of ‘235, to include a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door, as taught by Aragon, in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly.
In reference to claim 2, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and Aragon additionally teaches wherein the first side member and the second side member each comprises a port (242, FIG. 34) integrated within the door frame and being fluidly coupled respectively to the first conduit and the second conduit (par 0061, 0115 and 0118).
In reference to claim 3, ‘235 and Aragon claim the system as explained in the rejection of claim 2 above, and ‘235 additionally claims wherein the door comprises first and second door sweeps carried on a bottom edge to define a longitudinal channel (claim 5).
In reference to claim 4, ‘235 and Aragon claim the system as explained in the rejection of claim 3 above, and Aragon additionally teaches wherein the port (242, FIG. 34) of the first and second side members is fluidly coupled to the longitudinal channel when the door is in the closed position (FIG. 34).
In reference to claim 5, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and Aragon additionally teaches wherein the door frame comprises first and second air diverters (inherent in the structure of assembly air channel 344, FIG. 1-35) respectively fluidly coupled to proximal ends of the first conduit and the second conduit.
In reference to claim 6, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and ‘235 additionally claims wherein the at least one heating device comprises first and second heating devices respectively positioned adjacent the first and second ends of the top member (claim 8).
In reference to claim 7, ‘235 and Aragon claim the system as explained in the rejection of claim 6 above, and ‘235 additionally claims wherein each heating device comprises an elongate resistive heating device extending longitudinally in the top member (claim 8).
In reference to claim 8, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and Aragon additionally teaches wherein the at least one positive pressure source comprises a single positive pressure source configured to output air into the top conduit; and wherein the door frame comprises a third air diverter within the top conduit and to direct air outward towards the first and second ends of the top member and into the first conduit and the second conduit (FIG. 35).
In reference to claim 9, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and ‘235 additionally claims wherein the at least one positive pressure source comprises a fan (claim 8).
In reference to claim 10, ‘235 claims a door assembly for a refrigeration door system with a defrosting feature (claim 1, lines 1-4), the door assembly comprising a door frame; a door coupled to the door frame, the door switching between an open position providing access to a refrigerated cavity and a closed position where the refrigerated cavity is inaccessible (claim 1, lines 6-11); the door frame comprising a top member having a first end and a second end opposite the first end, the top member having a top conduit therein (claim 1, lines 13-14), a first side member coupled transversely to the first end of the top member and having a first conduit therein, the first conduit being fluidly coupled to the top conduit (claim 1, lines 15-17), a second side member coupled transversely to the second end of the top member and having a second conduit therein, the second conduit being fluidly coupled to the top conduit (claim 1, lines 18-19), a plurality of orifices positioned along the first side member and the second side member and being adjacent to the door when in the closed position (inherent; air must be conveyed from the pressure source and through the conduits into the channels within the door members), at least one positive pressure source fluidly coupled to the top member and configured to output air into at least first and second conduits (claim 8) and at least one heating device configured to heat the air from the at least one positive pressure source (claim 8), but does not claim a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door. Aragon shows a flexible door panel cold storage door system (FIG. 35) comprising a plurality of gasket pieces (148 and 164, FIG. 24) carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel (346. FIG. 35) between each of the first side member and the second side member and adjacent portions of the door (306 and 406, FIG. 35) in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly (par 0013).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of ‘235, to include a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door, as taught by Aragon, in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly.
In reference to claim 11, ‘235 and Aragon claim the system as explained in the rejection of claim 10 above, and Aragon additionally teaches wherein the first side member and the second side member each comprises a port (242, FIG. 34) integrated within the door frame and being fluidly coupled respectively to the first conduit and the second conduit (par 0061, 0115 and 0118).
In reference to claim 12, ‘235 and Aragon claim the system as explained in the rejection of claim 1 above, and ‘235 additionally claims wherein the door comprises first and second door sweeps carried on a bottom edge to define a longitudinal channel (claim 5).
In reference to claim 13, ‘235 and Aragon claim the system as explained in the rejection of claim 12 above, and Aragon additionally teaches wherein the port (242, FIG. 34) of the first and second side members is fluidly coupled (inherent in the structure of assembly air channel 344, FIG. 1-35) to the longitudinal channel when the door is in the closed position (FIG. 34).
In reference to claim 14, ‘235 and Aragon claim the system as explained in the rejection of claim 10 above, and Aragon additionally teaches wherein the door frame comprises first and second air diverters (inherent in the structure of assembly air channel 344, FIG. 1-35) respectively fluidly coupled to proximal ends of the first conduit and the second conduit.
In reference to claim 15, ‘235 and Aragon claim the system as explained in the rejection of claim 10 above, and ‘235 additionally claims wherein the at least one heating device comprises first and second heating devices respectively positioned adjacent the first and second ends of the top member (claim 8).
In reference to claim 16, ‘235 and Aragon claim the system as explained in the rejection of claim 15 above, and ‘235 additionally claims wherein each heating device comprises an elongate resistive heating device extending longitudinally in the top member (claim 8).
In reference to claim 17, ‘235 and Aragon claim the system as explained in the rejection of claim 10 above, and Aragon additionally teaches wherein the at least one positive pressure source comprises a single positive pressure source configured to output air into the top conduit; and wherein the door frame comprises a third air diverter within the top conduit and to direct air outward towards the first and second ends of the top member and into the first conduit and the second conduit (FIG. 35).
In reference to claim 18, ‘235 claims a method for making a refrigeration door system with a defrosting feature (claim 1, lines 1-4), the method comprising coupling a door assembly to be carried by a housing and providing access to a refrigerated cavity, the door assembly comprising a door frame and a door coupled to the door frame, the door switching between an open position providing the access to the refrigerated cavity and a closed position where the refrigerated cavity is inaccessible (claim 1, lines 6-11); the door frame comprising a top member having a first end and a second end opposite the first end, the top member having a top conduit therein (claim 1, lines 13-14), a first side member coupled transversely to the first end of the top member and having a first conduit therein, the first conduit being fluidly coupled to the top conduit (claim 1, lines 15-17), a second side member coupled transversely to the second end of the top member and having a second conduit therein, the second conduit being fluidly coupled to the top conduit (claim 1, lines 18-19), a plurality of orifices positioned along the first side member and the second side member and being adjacent to the door when in the closed position (inherent; air must be conveyed from the pressure source and through the conduits into the channels within the door members), positioning at least one positive pressure source fluidly to be coupled to the top member and configured to output air into at least first and second conduits (claim 8) and coupling at least one heating device to heat the air from the at least one positive pressure source (claim 8), but does not claim a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door. Aragon shows a flexible door panel cold storage door system (FIG. 35) comprising a plurality of gasket pieces (148 and 164, FIG. 24) carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel (346. FIG. 35) between each of the first side member and the second side member and adjacent portions of the door (306 and 406, FIG. 35) in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly (par 0013).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of ‘235, to include a plurality of gasket pieces carried by the first side member and the second side member, the plurality of gasket pieces being spaced apart and defining an air channel between each of the first side member and the second side member and adjacent portions of the door, as taught by Aragon, in order to preclude icing and freezing of a sealing zone between the door panel and the doorframe assembly.
In reference to claim 19, ‘235 and Aragon claim the method as explained in the rejection of claim 18 above, and Aragon additionally teaches wherein the first side member and the second side member each comprises a port (242, FIG. 34) integrated within the door frame and being fluidly coupled respectively to the first conduit and the second conduit (par 0061, 0115 and 0118).
In reference to claim 20, ‘235 and Aragon claim the method as explained in the rejection of claim 19 above, and ‘235 additionally claims wherein the door comprises first and second door sweeps carried on a bottom edge to define a longitudinal channel fluidly coupled to the first conduit and the second conduit when the door is in the closed position (claim 5).
Conclusion
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.
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/FILIP ZEC/ Primary Examiner, Art Unit 3763