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
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.
Claims 1, 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Butler (U.S. Pub. No. 20090273264) in view of Xia (WO2017113636A1).
With respect to claim 1, Butler discloses a refrigerator (Fig. 1, refrigerator 10), comprising: a cabinet (cabinet 14) comprising a storage chamber having a front opening (first storage area 16); a side-by-side door assembly comprising a first door (first door 18A) and a second door (second door 18B) pivotably provided on both sides of the front opening respectively (independent pivot axes 20A and 20B), so as to open or close the storage chamber (Fig. 1, open first door 18a provides access to storage area 16); a vertical beam (flapper mechanism 12) rotatably mounted on a side of the first door apart from a pivoting center of the first door (Fig. 3, flapper mechanism 12 mounted on first door 18A via hinge member 32), and abutting against the second door when the first door and the second door are closed (Fig. 4, flapper mechanism 12 abutting first and second doors 18A and 18B), so as to close a gap among the first door, the second door and the cabinet (Paragraph 0019, “In the closed position, a surface 40 of the main body portion 30 defines a sealing surface against which the second door 18B may seal”); wherein a notch (Fig. 7, recessed notch portion created by contour portion 60, which accommodates the flapper mechanism 12 therewithin) is formed at a position of a front end of a top wall of the storage chamber opposite to the vertical beam (Paragraph 0022, “The contoured portion 60 may be carried on an underside of a horizontally extending mullion 62 that divides the first compartment 16 from the second compartment”), and a top end of the vertical beam is accommodated in the notch when abutting against the cabinet (Fig. 7, main body portion 30 in closed position is within recessed notch portion formed by contoured portion 60), such that the vertical beam (flapper mechanism 12) is turned over when entering or exiting from the notch (Fig. 7, main body portion 30 of flapper 12 in open and closed position when entering or exiting recessed notch portion formed by contoured portion 60); and the notch is opening forwards (Fig. 7, flapper mechanism 12 enters the recessed notch portion of 60 through an opening located at the front side of the refrigerator).
Butler fails to disclose wherein a first guide device and a second guide device are provided at the top end of the vertical beam and an inner side of the top wall of the storage chamber respectively; wherein the first guide device is configured as a guide groove recessed downwards from a top surface of the vertical beam; the second guide device is configured as a guide protrusion defined in the notch; and the guide protrusion is inserted into the guide groove when the top end of the vertical beam is received in the notch.
Xia discloses wherein a first guide device (Fig. 3, guide groove 5) and a second guide device (Fig. 2, guide post 4) are provided at the top end of the vertical beam (Fig. 3, vertical column 3) and an inner side of the top wall of the storage chamber (Fig. 1, guide post 4 on pedestal 6 on upper opening of housing 1) respectively; wherein the first guide device (guide groove 5) is configured as a guide groove recessed downwards from a top surface of the vertical beam (Fig. 3 shows guide groove 5 recessed downwards from the top surface of vertical column 3); the second guide device (guide post 4) is configured as a guide protrusion (Fig. 2, guide post 4 protrudes downward); and the guide protrusion (guide post 4) is inserted into the guide groove (guide groove 5) when the top end of the vertical beam (vertical column 3) is received in the refrigerator body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the flapper mechanism and recessed/contoured portion of Butler to include guide rail devices, such as taught by Xia, in order to more precisely control the movement of the flapper mechanism when opening and closing the door, and to further improve the seal between the double door configuration by preventing heat from entering the refrigerator at the area where the two doors meet. It is noted that the prior art references of Butler and Walia include each element claimed, with the only difference being the lack of actual combination. Combining the refrigerator of Butler and the guide devices of Xia would have yielded predictable results to one having ordinary skill in the art.
With respect to claim 4, Butler in view of Xia discloses the limitation set forth above. The combination (Xia) further discloses the guide groove is arc-shaped (Fig. 3, guide groove 5 is arc-shaped), and an end of the guide groove apart from a rotating shaft of the vertical beam is provided with an opening (Fig. 3, opening of guide groove 5), such that the guide protrusion (guide post 4) can be inserted into or withdrawn from the guide groove through the opening (Abstract, “One of the housing (1) and the vertical column (3) is provided with a guide post (4), and the other is provided with a guide groove (5) mating the guide post (4)”); when the first door (door 2) rotates relative to the cabinet (housing 1), the vertical beam is turned over by limiting the guide groove by the guide protrusion (Abstract, “When the door (2) is closed, the guide post (4) cooperates with the guide groove (5) to guide the vertical column (3) to turn”).
With respect to claim 5, Butler in view of Xia discloses the limitation set forth above. The combination (Xia) further discloses the guide protrusion (guide post 4) has a forward guide tip (Fig. 2, end portion 43), and the opening of the guide groove has a greater size than the guide tip, such that the guide protrusion can be inserted into the guide groove (Specification, “the guide groove 5 further has a guiding portion 54 formed extending from the opening toward both sides. When the door body 2 is closed, the guide post 4 first enters the guide groove 5”).
With respect to claim 6, Butler in view of Xia discloses the limitation set forth above. The combination (Xia) further discloses wherein from the guide tip (Fig. 2, end portion 43), the guide protrusion (geode post 4) extends along a plane to form a first sidewall (see modified Fig. 2 below) and extends along a cambered surface to form a second sidewall (see modified Fig. 2 below), such that the guide groove (guide groove 5) is guided by the first sidewall and the second sidewall (Abstract, “When the door (2) is closed, the guide post (4) cooperates with the guide groove (5) to guide the vertical column (3) to turn”).
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Modified Fig. 2
With respect to claim 7, Butler in view of Xia discloses the limitation set forth above. The combination (Butler) further discloses wherein an accommodating portion is further provided on a side of the vertical beam (12) close to the first door (Paragraph 0006, “The refrigerator further includes a flapper mechanism including a main body portion defining a cavity”), and the vertical beam further comprises: a hinge assembly (hinge member 32) configured to connect the first door (18A) and the vertical beam (12) and having a hinge shaft (Fig. 5, second hinge portion 46) provided in the accommodating portion (Paragraph 0021, “The hinge member 32 may further include a second hinge portion 46 received a cavity defined by the main body portion 30 for relative rotation”).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Butler (U.S. Pub. No. 20090273264) in view of Xia (WO2017113636A1) in further view of Zhang (CN111503967A).
With respect to claim 8, Butler in view of Xia discloses the limitation set forth above. The combination (Butler) further discloses the hinge assembly further comprises: a fixed portion (Fig. 5, mounting portion 42) extending from the second shaft portion (Fig. 5, hinge shaft below second hinge portion 46) and mounted on the side of the first door apart from the pivoting center of the first door (Paragraph 0020, “hinge member 32 may include a mounting portion 42 for attachment to the door 18A”).
Butler in view of Xia fails to disclose the hinge shaft comprises: a first shaft portion slidably provided in the accommodating portion in a longitudinal direction of the vertical beam, a top surface thereof being formed as a cam surface; and a second shaft portion provided above the first shaft portion and having a lower end surface fitted with the top surface of the first shaft portion.
Zhang discloses the hinge shaft comprises: a first shaft portion (Fig 10, hinge shaft 310) slidably provided in the accommodating portion (see modified Figs. 10 and 13 below) in a longitudinal direction of the vertical beam (turning beam 300), a surface thereof being formed as a cam surface (Fig. 15, first cam surface 311); and a second shaft portion (Fig. 10, matching shaft 320) provided with the first shaft portion (310) and having an end surface (second cam surface 321) fitted with the surface of the first shaft portion (Fig. 10, first and second cam surfaces fit together).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to replace the hinge shafts of Butler in view of Xia with hinge shafts with matching cam surfaces such as taught by Zhang in order to securely limit the range of motion of the flapper mechanism of Butler and to further avoid undesired movement of the flapper when opening and closing the door. It is further noted that rearranging the hinge shafts of Zhang (first/spring portion on top, fixed/mounted portion on bottom) to be inverted as claimed (first/spring portion on bottom, fixed/mounted portion on top) does not modify the operation of the hinge and has no patentable significance. (MPEP 2144.04 VI.C).
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Modified Figs. 10 and 13
With respect to claim 9, Butler in view Xia in further view of Zhang discloses the limitation set forth above. The combination (Zhang) further discloses the hinge assembly (Fig. 10, hinge shaft 310 and matching shaft 320) further comprises: a compression spring (Fig. 10, compression spring 312) having one end abutting against a surface of the first shaft portion (hinge shaft 310) and the other end abutting against a surface of the accommodating portion (mounting seat 370).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to replacing the hinge shafts of Butler in view of Xia with hinge shafts as taught by Zhang in claim 8 to further include the compression spring in order to provide controlled resistance to the hinge while the flapper mechanism is flipped between its first and second positions.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Butler (U.S. Pub. No. 20090273264) in view of Xia (WO2017113636A1) in further view of Hwang (U.S. Pub. No. 20150059399).
With respect to claim 10, Butler in view Xia discloses the limitation set forth above. The combination (Butler) further discloses wherein a storage chamber is configured as a freezing compartment (Paragraph 0017-0018, “The first storage area 16 may be a refrigeration compartment and the second storage area may be a freezer compartment… It will be understood that either of the first and second doors 22A and 22B may similarly be provided with a substantially identical flapper mechanism 12”); the cabinet (cabinet 14) is provided with a refrigerating compartment (first storage area 16) with a front opening (opening of 16), a refrigerating door (door 18A) is provided at the opening of the refrigerating compartment, and a refrigerating vertical beam (flapper mechanism 12) is rotatably mounted on the refrigerating door (door 18A).
Butler in view of Xia fails to disclose the vertical beam of the freezing compartment has a greater thickness than the refrigerating vertical beam of the refrigerating compartment.
Hwang teaches the walls of a freezing compartment (Fig. 3, freezing space 153) have a greater thickness than the walls of a refrigerating compartment (Paragraph 0027, “The reception box 155 defining the freezing space 153 may have a wall thickness, i.e., an insulation thickness, greater than that of the refrigerating space 152 to prevent the refrigerating space 152 from being overcooled by the freezing space 153”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the freezer compartment flapping mechanism of Butler in view of Xia by increasing its thickness such as taught by Hwang in order to provide greater insulation and improve the efficiency of the freezer compartment. It is well-known in the art to equip freezer portions of a refrigerator with thicker walls to maintain freezing temperatures, such as taught by Hwang. It is further noted that routine optimization involving only change of form (increase in thickness), proportions, or degree or the substitution of equivalents doing the same thing as the original invention (providing insulation), by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. (MPEP 2144.05 II.A).
Response to Arguments
Applicant's arguments filed 8/5/2025 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that “the amended claim 1 now specifies a unique and specific interlocking structure that is neither disclosed nor suggested by Butler, either alone or in combination with Xia.” The combination of Butler and Xia does disclose the “three-part nested relationship,” as mapped in the rejection above, that is structurally equivalent to the claimed invention.
Applicant further argues that Butler does not teach a notch that accommodates the top end of the beam because the because the contoured portion 60, located on the upper horizontal mullion of compartment 16, of Butler is “merely an arcuate camming surface on a mullion that the body of the flapper engages.” Butler’s contoured portion 60 is a surface that extends downward toward the compartment 16 enough to engage and guide the main body portion 30 of the flapper mechanism 12 into an open or closed position (paragraphs 0022-0023) and the area within the contoured portion is recessed enough to provide sufficient space for the for flapper mechanism therewithin. Therefore, the contoured portion 60 defines a camming surface and a notch that accommodates flapper mechanism 12.
Applicant agrees that Xia teaches a general concept of a guide post and groove, but argues that there is no teaching or motivation to modify Butler’s device to create the specific structure of amended claim 1. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, the inventions of Butler and Xia both address the problem of heat loss caused by double-door configurations of refrigerators by improving the seal between the doors with a flapper/vertical column guided shut by a camming surface and notch (Butler) and an electrically conductive guide post and guide groove (Xia). It would have been obvious for the guide post and guide groove of Xia to be included with the refrigerator of Butler to improve the energy efficiency of a refrigerator by preventing heat transfer at the area of the flapper/vertical column. Additionally, this set up would increasing marketability and usage.
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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/E.I.A./Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637