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 §§ 706.02(l)(1) -706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-l.jsp.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/515,820. The claims in the copending applications are not patently distinct they both are directed to a refrigerator door (50) with a trim breaker (26) connecting the inner and outer liner; and a trim cover or shroud that is positioned on the trim breaker (26). The subject matter of the current Application (18654526) is encompassed within claims 1-20 of copending Application No. 18515820
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,3-6 and 10-20 rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230078837(“Ekshinge et al.”).
Regarding Claims 1 and 3-6, Ekshinge et al. discloses Claim 1-a vacuum insulated appliance, comprising:
a cabinet (12) defining a compartment; and
a vacuum insulated door (50) operably coupled with the cabinet (12), wherein the vacuum insulated door (50) is operable between an opened position and a closed position, the vacuum insulated door (50) including:
an inner liner (16) proximate the compartment when the vacuum insulated door (50) is in the closed position;
an outer wrapper (14) opposite the inner liner (16);
a trim breaker (26) operably coupled to the inner liner (16) and the outer wrapper (14) to define a door (50) cavity, wherein the trim breaker (26) defines a projection (groove 68 is in the projection) extending toward the compartment when the vacuum insulated door (50) is in the closed position;
a gasket (mounted in first opening of breaker 26, see Fig.6) coupled to the trim breaker (26) and extending along a perimeter of the trim breaker (26), wherein the gasket (mounted in first opening of breaker 26, see Fig.6) abuts the cabinet (12) when the vacuum insulated door (50) is in the closed position; and
a cover (62) operably coupled to the vacuum insulated door (50) and extending along a perimeter of the vacuum insulated door (50), wherein the cover (62) is positioned over the projection (groove 68 is in the projection); Claim 3- wherein the trim breaker (26) includes a first groove (66) and a second groove (68), the second groove (68) defined by and positioned within the projection (groove 68 is in the projection); Claim 4 wherein an edge of the inner liner (16) is disposed in the first groove (66) and an edge of the outer wrapper (14) is disposed in the second groove (68); Claim 5-wherein the projection (groove 68 is in the U shaped projection) of the trim breaker (26) includes a first wall and a second wall, the first wall opposite the second wall, and wherein a gap is defined between the first wall of the projection (groove 68 is in the projection) and the cabinet (12) when the door (50) is in the closed position to reduce airflow toward the gasket (mounted in first opening of breaker 26, see Fig.6); Claim 6-wherein the projection ( groove 68 is in the projection) extends along the perimeter of the trim breaker (26) proximate to the gasket (mounted in first opening of breaker 26, see Fig.6).
Regarding Claims 10-16, Ekshinge et al. discloses Claim 10- a refrigeration appliance, comprising:
a cabinet (12) defining a compartment; and
a door (50) assembly operably coupled to the cabinet (12) and operable between an opened position and a closed position, the door (50) assembly including:
an inner liner (16);
an outer wrapper (14) spaced apart from the inner liner (16) to define a cavity;
a trim breaker (26) extending around a perimeter of the door (50) assembly, the inner
liner and outer wrapper (14) coupled to the trim breaker (26) to close the cavity;
a projection (groove 68 is in the projection) defined by the trim breaker (26) and extending toward the compartment
when the door (50) assembly is in a closed position; and
a cover (62) operably coupled to the trim breaker (26) and the inner liner (16) of the door (50),
wherein the cover (62) is positioned over the projection (groove 68 is in the projection) of the trim breaker (26); Claim 11-wherein the projection ( groove 68 is in the projection) includes a first wall and a second wall, and wherein the projection ( groove 68 is in the projection) minimizes a gap defined between the first wall of the projection (groove 68 is in the projection) and the cabinet (12) when the door (50) assembly is in the closed position; Claim 12-wherein the projection ( groove 68 is in the projection) extends at least to be aligned with an engagement point between the door (50) assembly and a gasket (mounted in first opening of breaker 26, see Fig.6) to minimize a size of the gap; Claim 13- wherein a space is defined between the first wall of the projection (groove 68 is in the projection) and an inner surface of the cover (62), and wherein the cover (62) further minimizes the size of the gap defined between the door (50) assembly and the cabinet (12) when the door (50) assembly is in the closed position; Claim 14- wherein the door (50) assembly includes the gasket (mounted in first opening of breaker 26, see Fig.6) operably coupled to the trim breaker (26) and abutting the cabinet (12) when the door (50) assembly is in the closed position, and wherein the gasket (mounted in first opening of breaker 26, see Fig.6) and the projection (groove 68 is in the projection) extend along the perimeter of the door (50) assembly; Claim 15-wherein the projection (groove 68 is in the projection) is elongated to extend further than an engagement point between the gasket (mounted in first opening of breaker 26, see Fig.6) and the cabinet (12) to reduce a width of the gap when the door (50) assembly is in the closed position; Claim 16- wherein the cover (62) extends further than an engagement point between the gasket (mounted in first opening of breaker 26, see Fig.6) and the cabinet (12) to reduce the width of the gap when the door (50) assembly is in the closed position.
Regarding Claim 17-20, Ekshinge et al. discloses Claim 17- an appliance, comprising:
a cabinet (12) defining a compartment; and
a door (50) assembly operably coupled with the cabinet (12), the door (50) assembly including:
an inner liner (16);
an outer wrapper (14) opposite the inner liner (16), wherein the inner liner (16) and the outer
wrapper define a vacuum insulated door (50) cavity;
a trim breaker (26) operably coupled to the inner liner (16) and the outer wrapper (14),
wherein the trim breaker (26) defines a projection (groove 68 is in the projection) having a first wall and a second wall, the projection (groove 68 is in the projection) extending outward from the inner liner (16) and around a perimeter of the trim breaker (26); and
a cover (62) operably coupled to the trim breaker (26) and the inner liner (16), the cover (62) extending around the perimeter of the trim breaker (26), wherein the cover (62) is positioned over the projection (groove 68 is in the projection); Claim 18-wherein a gap is defined between the projection (groove 68 is in the projection) and the cabinet (12) when the door (50) assembly is in a closed position, and wherein the cover (62) minimizes the gap to reduce airflow from an internal environment of the compartment to a gasket (mounted in first opening of breaker 26, see Fig.6); Claim 19- wherein the cover (62) includes a first portion extending from a ledge of the trim breaker (26) between the gasket (mounted in first opening of breaker 26, see Fig.6) and the first wall of the projection (groove 68 is in the projection) of the door (50) assembly; Claim 20- wherein the cover (62) includes a second portion including an internal projection (groove 68 is in the projection) engaging with an end of the projection (groove 68 is in the projection) and a third portion having an internal wall that extends along the inner liner (16).
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 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 of this title, 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 2 is rejected under 35 U.S.C 103(a) as being unpatentable over Ekshinge et al. as applied to claim 1 above, in view of US Pub No. 20200088455 (“TOYOOKA et al.”).
Ekshinge et al. discloses the claimed invention but does not disclose the conduit around the perimeter of the cabinet.
Toyooka et al. demonstrates it is known in the art to provide a cabinet (12, see Fig. 3) with a conduit (50) through which refrigerant is configured to flow to heat a perimeter of the cabinet (12) and reduce condensation development ([0054]).
It would have been obvious to one having skill in the art before the effective filing date of the invention that the perimeter of the cabinet could be configured with a conduits around the perimeter to prevent condensation or frosting from being generated around the perimeter of the cabinet, as taught by Toyooka et al.
Claims 7-9 are rejected under 35 U.S.C 103(a) as being unpatentable over Ekshinge et al. as applied to claim 1 above, in view of US 9863690 (“Demiroez et al.”).
Ekshinge et al. discloses the claimed invention but does not disclose the cover with side sections having openings.
Regarding Claims 7-9, Demiroez et al. discloses a refrigerator having and inner liner (18), outer wrapper (16) and a cover (60, 20) Claim 7-wherein the cover (20) includes opposing side sections(at each side) that define elongate openings (30); Claim 8-further comprising: ladder racks (28) coupled with the inner liner (18, as seen in. 6) and defining apertures (along 28), wherein the ladder racks (28) are positioned behind the opposing side sections of the cover (along 20), respectively, and wherein the elongate openings(30) are aligned with at least some of the apertures of the ladder racks (28); Claim 9-wherein the door (50) includes: a storage feature (32) having opposing ends defining at least one hook (extending at each side, as seen in Fig.6), and wherein hooks (at each side)are configured to extend through the elongate openings of the opposing side sections of the cover (along 2) to engage the apertures of the ladder racks. It would have been obvious to one having skill in the art before the effective filing date of the invention that the refrigerator taught by Ekshinge et al. could be adapted with a cover having side sections (along 20) similar to the one taught by Demiroez et al., to improve the thermal efficiency of the door while providing stability and protection to the ladder racks and the inner wall (col. 5- line 5-58)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 12:30-6:30.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637