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 re provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 and 10-19 of copending Application No.18678907. The claims in the copending application are not patently distinct they both are directed to a refrigerator cabinet having a drawer , a cover and a lid assembly with a first and second lid that selective permit access to the interior of the drawer. The subject matter of the current Application (18678890) is encompassed within claims 7 and 10-19 of copending Application No. 18678907.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 14 recites the limitation " the first follower,” there is insufficient antecedent basis for this limitation in the claim.
Claim 15 is rejected based on its respective dependency.
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 1-2, 11-14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2023008735 (“Lim et al.”)
Regarding Claim 1, Lim et al. discloses a refrigerator appliance defining a vertical direction, a lateral direction, and a transverse direction, the refrigerator appliance comprising:
a cabinet (1) defining a chilled chamber; and
a storage drawer (130) assembly positioned within the chilled chamber, the storage drawer (130) assembly defining a first side and a second side spaced apart along the lateral direction, the storage drawer (130) assembly comprising:
a drawer (130) positioned within the cabinet (1), the drawer (130) defining a storage compartment; and
a lid assembly (150, 170) positioned above the drawer (130), the lid assembly (150, 170) comprising:
a cover (110, 111) comprising a first side support (111) and a second side support (111, opposing side) spaced apart along the lateral direction;
a first lid (150) moveably mated to the first side support (111); and
a second lid (170) moveably mated to the second side support (111, opposing side), the first lid (150) and the second lid (170) together defining an axis of rotation (via 129, as seen in Fig. 7) positioned proximate a rear end of the lid assembly (150, 170), the axis of rotation (via 129, as seen in Fig. 7) extending parallel to the lateral direction;
wherein the first lid (150) and the second lid (170) are together moveable relative to the first side support (111) and the second side support (111, opposing side) between a fully closed position and a tucked position,
wherein the first lid (150) is rotatable about the axis of rotation (via 129, as seen in Fig. 7) independent of the second lid (170) between the closed position and a first flipped position, and wherein the second lid (170) is rotatable about the axis of rotation (via 129, as seen in Fig. 7) independent of the first lid (150) between the closed position and a second flipped position.
Regarding Claim 2, Lim et al. discloses wherein the first side support (111) comprises a first front guide (126) and a first rear guide (127), wherein the first front guide (126) defines a first rotation opening at a front thereof for permitting rotation of the first lid (150) between the first closed position and the first flipped position, wherein the first front guide (126) is positioned in front of the first rear guide (127) along the transverse direction, wherein the first lid (150) is moveably mated to the first front guide (126) and the first rear guide (127), wherein the second side support (111, opposing side) comprises a second front guide (126, opposing side) and a second rear guide (127, opposing side), wherein the second front guide (126, opposing side) defines a second rotation opening for permitting rotation of the second lid (170) between the second closed position and the second flipped position, wherein the second front guide (126, opposing side) is positioned in front of the second rear guide (127, opposing side) along the transverse direction, wherein the second lid (170) is moveably mated to the second front guide (126, opposing side) and the second rear guide (127, opposing side).
Regarding Claim 11, Lim et al. discloses a refrigerator appliance comprising: a cabinet (1) defining a chamber; and a storage drawer (130) assembly positioned within the chamber, the storage drawer (130) assembly comprising: a drawer (130) defining a storage compartment; and a lid assembly (150, 170) positioned above the drawer (130), the lid assembly (150, 170) comprising: a cover (110, 111) positioned above the drawer (130), the cover (110, 111) comprising a first side support (111) and a second side support (111, opposing side); a first lid (150) moveably mated to the cover (110, 111) to selectively permit access to the storage compartment; and a second lid (170) moveably mated to the cover (110, 111) to selectively permit access to the storage compartment, the first lid (150) and the second lid (170) defining an axis of rotation (via 129, as seen in Fig. 7) extending parallel to the lateral direction, the axis of rotation (via 129, as seen in Fig. 7) being positioned proximate to a rear of the lid assembly (150, 170).
Regarding Claim 12, Lim et al. discloses wherein the first lid or the second lid (170) comprises a front follower (182) and a rear follower (177, 159), wherein the front follower (182) is extended outward and positioned proximate the front of the lid assembly (150, 170), wherein the rear follower (177, 159) is extended outward and positioned proximate the rear of the lid assembly (150, 170), and wherein the rear follower (177, 159) is in line with the axis of rotation (via 129, as seen in Fig. 7).
Regarding Claim 13, Lim et al. discloses wherein the first side support (111) or the second side support (111, opposing side) comprises a front guide (127) defining a front slot for receiving the front follower (182), wherein the first side support (111) or the second side support (111, opposing side) comprises a rear guide (126) defining a rear slot for receiving the rear follower (177, 159).
Regarding Claim 14, Lim et al. discloses wherein the front guide (127) comprises a front locating rail (at each side, best seen in Fig 8) wherein the rear guide (126) comprises a rear locating rail (at each side, best seen in Fig. 8), wherein the first follower is moveably mated to the front locating rail (along 127), and wherein the rear follower (177, 159) is moveably or rotatably mated to the rear locating rail (along 126).
Regarding Claim 19, Lim et al. discloses wherein the first lid (150) and the second lid (170) are together moveable relative to the first side support (111) and the second side support (111, opposing side), respectively, between a closed position and a tucked position.
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.
Claims 1, 11, and 20 are rejected under 35 U.S.C 103(a) as being unpatentable over US 20050236947 (“LeClear et al.”) in view of DE 202006009096 (“BAMBERGER”).
Regarding Claims 1, 11 and 20, LeClear et al. discloses CLAIMS 1 and 11- a refrigerator appliance (5, 10, 20) defining a vertical direction, a lateral direction, and a transverse direction, the refrigerator appliance comprising: a cabinet (5) defining a chilled chamber (20); and a storage drawer assembly (21) positioned within the chilled chamber, the storage drawer assembly (21) defining a first side and a second side spaced apart along the lateral direction, the storage drawer assembly comprising: a drawer (21) positioned within the cabinet, the drawer defining a storage compartment; and a lid assembly (26) positioned above the drawer, a first lid (26) moveably mated to the first side support (at the rear); and a second lid (26) moveably mated to the second side support (at the rear), the first lid (26) and the second lid (26) together defining an axis of rotation positioned proximate a rear end of the lid assembly, the axis of rotation extending parallel to the lateral direction; wherein the first lid (26)and the second lid (26) are together moveable relative to the first side support and the second side support between a fully closed position and a tucked position, wherein the first lid is rotatable about the axis of rotation independent of the second lid between the closed position and a first flipped position, and wherein the second lid (26) is rotatable about the axis of rotation independent of the first lid between the closed position and a second flipped position.
Le Clear et al. does not disclose the cover comprising a first side support and a second side support spaced apart along the lateral direction.
Bamberger discloses a similar drawer having a cover having first and second side support along each side with a plurality of lids covering a sliding drawer (10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the drawer with a cover to support the first and second lid, in a manner similar to the cover taught by Bamberger an alternate lid assembly to provide controlled access to each compartment in the drawer.
Claims 16-18 are rejected under 35 U.S.C 103(a) as being unpatentable over LeClear et al. and BAMBERGER, and further in view of CA-2924894 (“Bocks et al.”)
The combination discloses the claimed invention but does not disclose a rotational damper between the first and second lid.
Regarding Claim 16, Bocks et al. discloses a drawer having rotatable lid with a wherein the lid assembly further comprises a rotational damper (along hinge, 50, 58) between the first lid and the second lid, and wherein the rotational damper is positioned in line with the axis of rotation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the first and second lid could be improved with a damper to control the movement of each lid as demonstrated by Bocks et al.
Regarding Claims 17-18, the combination discloses (Bocks et al.) Claim 17- wherein the rotational damper (50 ,spring damper) comprises a first damper element (51) and a second damper element (53, 57, 58), wherein the first damper element (51) is extended from one of the first lid or the second lid, and wherein the second damper element is extended from the other of the first lid or the second lid; Claim 18-wherein the first damper element comprises a pin (51), wherein the second damper element (53, 57, 58) comprises a barrel defining an opening, and wherein the pin (51) is rotatably coupled within the opening.
Allowable Subject Matter
Claims 3-10 are 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.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
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