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 Office action is in response to the Amendment filed on 2/12/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations in claims 1 and 19 of the multiple attachment structures are “integrally formed in or permanently attached to the frame prior to retrofitting” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claims 1 and 19 of the multiple attachment structures are “integrally formed in or permanently attached to the frame prior to retrofitting”.
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 7770985 to Davis et al (hereinafter Davis).
Davis discloses (Claim 1). A retrofitted appliance (Figs. 1-4: refrigerator 2; Figs. 5-7: dishwasher 250) comprising: a housing defining a cavity; and a retrofitted door attached to the housing, wherein the retrofitted door comprises: a frame (10,18; 266) comprising multiple attachment structures (90-97,100; 328-331,337-338), wherein the multiple attachment structures are integrally formed in (Fig. 6: 328-331) or permanently attached (Figs. 2-3: 90-97,100) to the frame prior to retrofitting; a glass panel system (65,66; 290) attached to the frame, wherein the glass panel system comprises: a mounting frame (140-143; 384-385) comprising attachment members (140-143; 384-385) that engage corresponding ones of the multiple attachment structures (90-97,100; 337-338); and a glass panel (114; 294) attached to the mounting frame and facing away from the frame and facing away from the cavity when the retrofitted door is at a closed position; wherein the glass panel (114; 294) is spaced from an outer panel portion of the frame when mounted such that the mounting frame maintains a gap between the glass panel and the outer panel portion, and wherein the retrofitted door is structured such that neither the multiple attachment structures nor the attachment members are visible when viewing the retrofitted appliance from front or angled side views such that the glass panel appears to float relative to the frame (col. 2, lines 23-28; col. 5, lines 11-24); (Claim 2). The retrofitted appliance of claim 1, wherein the housing comprises (Fig. 1): a left side wall; a right side wall facing the left side wall; a top attached to a top edge of the left side wall and a top edge of the right side wall; and a bottom attached to a bottom edge of the left side wall and a bottom edge of the right side wall, wherein the bottom faces the top; (Claim 3). The retrofitted appliance of claim 2, comprising a hinge (inherent) that attaches the retrofitted door to the housing; (Claim 4). The retrofitted appliance of claim 3, wherein the hinge (of door 18) is attached to left side wall; (Claim 5). The retrofitted appliance of claim 1, wherein the retrofitted appliance is a refrigerator (Figs. 1-4); (Claim 6). The retrofitted appliance of claim 1, wherein the retrofitted appliance is a dishwasher (Figs. 5-7); (Claim 7). The retrofitted appliance of claim 1, wherein the retrofitted door comprises (Figs. 1-4) an inner shelving unit (11-14,16) that is attached to the frame and which comprises a receiving area for a shelving structure, wherein the receiving area faces away from the mounting frame and faces the cavity when the door is in the closed position; (Claim 8). The retrofitted appliance of claim 7, wherein the receiving area contains food; (Claim 9). The retrofitted appliance of claim 1, wherein the retrofitted door comprises (Figs. 5-7) a compartment (inherent) for receiving a dishwasher cleaning substance, wherein the compartment faces away from the mounting frame and faces the cavity when the door is in the closed position; (Claim 10). The retrofitted appliance of claim 9, wherein the compartment comprises the dishwasher cleaning substance (inherent); (Claim 11). The retrofitted appliance of claim 1, wherein the multiple attachment structures include a first set of holes (Fig. 9: 456 of 384-385) and the attachment members include a second set of holes (337-338) aligned with the first set of holes; (Claim 12). A retrofitted door for retrofitting an appliance comprising: a frame comprising multiple holes or male attachments (10,18; 266); a glass panel system attached to the frame, wherein the glass panel system comprises: a mounting frame (140-143; 384-385) comprising attachment members (140-143; 384-385) that engage corresponding ones of the multiple holes or male attachments; and a glass panel (114; 294) attached to the mounting frame and facing away from the frame and facing away from a cavity when the retrofitted door is at a closed position, wherein the retrofitted door is structured such that the attachment members are not visible when viewed from front or angled side views such that the glass panel appears to float relative to the frame (col. 2, lines 23-28; col. 5, lines 11-24); (Claim 13). The retrofitted door of claim 12, comprising a hinge (inherent) for attachment of the retrofitted door to a housing; (Claim 14). The retrofitted door of claim 12, further comprising (Figs. 1-4) an inner shelving unit (11-14,16) that is attached to the frame and which comprises a receiving area for a shelving structure, wherein the receiving area faces away from the mounting frame; (Claim 15). The retrofitted door of claim 14, wherein the receiving area contains food; (Claim 16). The retrofitted door of claim 12, further comprising (Figs. 5-7) a compartment (inherent) for receiving a dishwasher cleaning substance, wherein the compartment faces away from the mounting frame; (Claim 17). The retrofitted door of claim 16, wherein the compartment comprises the dishwasher cleaning substance (inherent); (Claim 18). The retrofitted door of claim 12, wherein the multiple holes or male attachments include a first set of holes (Fig. 9: 456 of 384-385) and the attachment members include a second set of holes (337-338) aligned with the first set of holes or male attachments.
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.
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(s) 19-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 7770985 to Davis et al (hereinafter Davis) in view of JP 2013539742 A (hereinafter JP ‘742).
Davis discloses (Claim 19). A method of retrofitting an appliance (Figs. 1-4: refrigerator 2; Figs. 5-7: dishwasher 250), wherein the appliance comprises: a housing defining a cavity; and a door attached to the housing, wherein the door comprises: a frame (10,18; 266) comprising multiple attachment structures (90-97,100; 337-338); and a door panel/glass panel system (114; 294) attached to the frame and comprising an exterior surface that faces away from the frame and faces away from the cavity when the door is in a closed position; the glass panel system comprising a mounting frame (140-143; 384-385) and a glass panel (114; 294) attached to the mounting frame so that an attachment side of the mounting frame faces the exterior facing portion of the frame and the glass panel faces away from the exterior facing portion of the frame, wherein fasteners extend through holes 337,338 in the multiple attachment structures and into corresponding openings in the attachment members 384,385, and wherein the multiple attachment structures are integrally formed in (Fig. 6: 328-331) or permanently attached (Figs. 2-3: 90-97,100) to the frame prior to retrofitting, such that the glass panel is spaced from an outer panel portion of the frame and appears to float relative to the door, which is now a retrofitted glass panel door; (Claim 20). The method of claim 19, wherein the housing comprises: a left side wall; a right side wall facing the left side wall; a top attached to a top edge of the left side wall and a top edge of the right side wall; and a bottom attached to a bottom edge of the left side wall and a bottom edge of the right side wall, wherein the bottom faces the top; (Claim 21). The method of claim 20, comprising a hinge (inherent) that attaches the retrofitted glass panel door to the housing; (Claim 22). The method of claim 21, wherein the hinge (of door 18) is attached to left side wall; (Claim 23). The method of claim 19, wherein the appliance is a refrigerator (Figs. 1-4); (Claim 24). The method of claim 19, wherein the appliance is a dishwasher (Figs. 5-7); (Claim 25). The method of claim 19, wherein the retrofitted glass panel door comprises (Figs. 1-4) an inner shelving unit 11-14,16 that is attached to the frame and which comprises a receiving area for a shelving structure, wherein the receiving area faces away from the mounting frame and faces the cavity when the retrofitted glass panel door is in the closed position; (Claim 26). The method of claim 25, wherein the receiving area contains food; (Claim 27). The method of claim 19, wherein the retrofitted glass panel door comprises (Figs. 5-7) a compartment (inherent) for receiving a dishwasher cleaning substance, wherein the compartment faces away from the mounting frame and faces the cavity when the retrofitted glass panel door is in the closed position; (Claim 28). The method of claim 27, wherein the compartment comprises the dishwasher cleaning substance (inherent); (Claim 29). The method of claim 19, wherein the multiple attachment structures include a first set of holes (Fig. 9: 456 of 384-385) and the attachment members include a second set of holes (337-338) aligned with the first set of holes. The differences being that Davis fails to clearly disclose the method steps in the claims.
However, JP ‘742 discloses a retrofitted appliance comprising: a housing defining a cavity; and a retrofitted door attached to the housing, wherein the retrofitted door comprises: a frame comprising multiple attachment structures; a glass panel system attached to the frame, wherein the glass panel system comprises: a mounting frame 104,106; and a glass panel 100 attached to the mounting frame. JP ‘742 also discloses the ability of retrofitting or changing the design of the door to give it a special look by removing and replacing the glass panel 100 with another glass panel.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of JP ‘742, to modify Davis to include the limitations in Claim 19 of the method comprises: detaching the door panel from the frame; removing the door panel detached from the frame so that an exterior facing portion of the frame and the multiple attachment structures are exposed; positioning a glass panel system comprising a mounting frame and a glass panel attached to the mounting frame so that an attachment side of the mounting frame faces the exterior facing portion of the frame and the glass panel faces away from the exterior facing portion of the frame; aligning attachment members of the attachment side of the mounting frame with the multiple attachment structures; and engaging the aligned attachment members with the multiple attachment structures so that mounting frame is attached to the frame and a retrofitted glass panel door is formed with a reasonable expectation of success in order to increase the overall versatility and aesthetic of the appliance.
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments on pages 9-11 that the mounting members 90-97 of Davis are being secured by fasteners 98; meanwhile, the claims require the multiple attachment structures being integrally formed in or permanently attached to the frame prior to retrofitting, the examiner respectfully take the position that (i) the claimed language fails to provide adequate structural limitations in defining applicant’s invention in order to distinguish from the prior art of record; (ii) the mounting members 90-97 of Davis are being “permanently” secured by fasteners 98 to the door (as Davis does not mention the intention to remove the fasteners anywhere in the disclosure), and multiple attachments 328-331 are integrally formed in the door. Therefore, Davis meets the claimed limitations.
In response to applicant's argument on page 9 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the attachment structures comprise side channels 111, 113 that are attached to the frame 118) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s argument on page 11 of “[F]irst”, the examiner respectfully take the position that JP ’742 is used for the teaching of retrofitting an appliance door of an appliance. Therefore, JP ‘742 is not required to teach the specific claimed steps or a “floating appearance”.
In response to applicant’s argument on page 12 of “[S]econd” 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 motivation is to increase the overall versatility and aesthetic of the appliance.
In response to applicant’s arguments on pages 12-13 that Davis fails to teach “inserting fasteners through holes in the multiple attachments structures and into corresponding openings in the attachment members, the examiner respectfully take the position that Davis discloses base member 335 of door 266 having openings 337,338, and attachment members 384,385 of glass panel 294 having openings 456 therein, wherein the openings are adapted to receive fasteners inserting therethrough.
In response to applicant’s argument on pages 13-14 that Davis teaches away from the frame of JP ‘742, again, the examiner respectfully take the position that JP ’742 is used for the teaching of retrofitting an appliance door of an appliance, and its frame is not bodily incorporated into Davis. Further, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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 HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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, DANIEL 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.
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HVT
April 22, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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