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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-21 and 23-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,953,254 (‘254).
In reference to claim 16, although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same invention, namely a refrigerator comprising a cabinet having a freezing compartment defined therein (claim 1, lines 1-2); an ice-maker provided in the freezing compartment (claim 1, lines 3-4); an ice bin configured to store ice and disposed below the ice-maker such that ice removed from the ice-maker falls into the ice bin (claim 1, lines 7-8), the ice bin being retractable and extendable in a rear and front direction, respectively (claim 1, lines 10-12); and a cover plate that extends downward from a rear portion of the ice-maker and is configured to cover at least a portion of a space between the ice bin and the ice-maker (claim 5), wherein the cover plate defines at least one ventilation hole that penetrates the cover plate and is configured to provide cold air into the ice bin (claim 6).
In reference to claim 17, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein a plurality of ventilation holes are defined in series at a lower portion of the cover plate such that the lower portion of the cover plate has a grill shape (claim 6).
In reference to claim 18, ‘254 claims the refrigerator as claimed in claim 17 above, and ‘254 additionally claims wherein a plate rib is provided between the plurality of ventilation holes (inherent in the claimed structure of claim 6).
In reference to claim 19, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein a cold-air hole is provided in a rear surface of the ice-maker above the cover plate and configured to pass cold air therethrough into the ice-maker (claim 6).
In reference to claim 20, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein a bin opening is defined in a rear surface of the ice bin, and the cover plate has a size corresponding to the bin opening (claim 4).
In reference to claim 23, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein the ice-maker comprises an upper casing forming at least a portion of an outer shape of the ice-maker (claim 7).
In reference to claim 24, ‘254 claims the refrigerator as claimed in claim 23 above, and ‘254 additionally claims wherein the upper casing comprises a first side wall in which a cold-air hole is defined, and wherein the first side wall faces a rear wall or one of both sidewalls of the freezing compartment when the ice-maker is mounted in the freezing compartment (claim 10).
In reference to claim 25, ‘254 claims the refrigerator as claimed in claim 23 above, and ‘254 additionally claims wherein the at least one ventilation hole extends from a bottom of the upper casing to a bottom of the cover plate (claim 10).
In reference to claim 26, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims a freezing compartment drawer configured to being extended and retracted in the front and rear direction, respectively, and wherein the ice bin is disposed in the freezing compartment drawer and is configured to being extended and retracted together with the freezing compartment drawer (claim 10).
In reference to claim 27, ‘254 claims the refrigerator as claimed in claim 26 above, and ‘254 additionally claims wherein a bin opening is defined in a rear surface of the ice bin, and wherein a drawer opening is defined in a rear surface of the freezing compartment drawer at a position corresponding to the bin opening (claim 10).
In reference to claim 28, ‘254 claims the refrigerator as claimed in claim 26 above, and ‘254 additionally claims wherein a bin opening is defined in a rear surface of the ice bin, and wherein a drawer opening is defined in a rear surface of the freezing compartment drawer in a size corresponding to the bin opening (claim 10).
In reference to claim 29, ‘254 claims the refrigerator as claimed in claim 26 above, and ‘254 additionally claims wherein at least one bin mounting guide protrudes upwards from a bottom surface of the freezing compartment drawer (claim 7; first casing).
In reference to claim 30, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein the at least one ventilation hole extends vertically (inherent in the hole as claimed in claim 6).
In reference to claim 31, ‘254 claims the refrigerator as claimed in claim 16 above, and ‘254 additionally claims wherein a mounting cover disposed at a position corresponding to a position where the ice-maker is mounted, wherein the mounting cover defines a space that is further recessed upward from a top face of the freezing compartment (claims 11 and 12).
Claim 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,953,254 (‘254).
In reference to claim 21, ‘254 claims the refrigerator as claimed in claim 16 above, but ‘254 does not claim wherein the ice-maker comprises an ice-full state detection lever pivoting to detect an ice-full state of the ice bin.
However, the Examiner takes the Official Notice of facts not in the record by relying on “common knowledge” of various icemakers employing detection levers within the ice bin where harvested ice is stored to be obvious in order to prevent overworking the ice maker and overloading the ice bin.
Allowable Subject Matter
Claim 22 is 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.
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