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 .
Response to Arguments
Applicant’s arguments, see pages 1-3, filed 03/12/2026, with respect to Claim 1 have been fully considered and are persuasive as to the prior art of record disclosing the utilization of magnetism uniforming plates abutting a side of the magnet plates opposite the storage box. The 103 rejection of claim 1 has been withdrawn. However, applicant’s amendment has resulted in a new grounds of rejection (see 112B rejection below).
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 has several grammatical issues including “uniforming plate is located being located” which is found to be unclear what is meant by “located being located”. Appropriate correction is required.
Claim 1 also states that the magnetic field direction of the two plates are the same and perpendicular to the side walls, however if such is the case and the field directions are the same than one would be going into the storage container while the other would be flowing outward from the storage container (i.e. both in the same direction). Per the specification it appears that the magnetic field directions would or should be opposite i.e. both point inward into the fresh compartment.
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.
Claims 1, 3, 5-6, and 12-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “a pair of magnetism uniforming plates” but then later states “projection of the storage space on a plane where the magnetism uniforming plate is located being located within a periphery contour of the magnetism uniforming plate” however it is unclear which of the two previous claimed pair of plates this is referring to.
Claim 1 further states “centers of the permanent magnet plate” which again is found to be indefinite as it is unclear how this relates to the previously claimed pair of plates as there is more than one plate being claimed.
Claim 1 states that “centers of the permanent magnet plate and the magnetism uniforming plate which are arranged on a same side are opposite to centers of the side walls of the storage box where the permanent magnet plate and the magnetism uniforming plate are located”. It is entirely unclear what is meant by this limitation how “centers” of said plates can be “opposite” a sidewall and especially how can the center of the magnet plate be opposite the ide wall of the storage box where the magnet plate is located.
It is highly recommended to go back though the claims to fix grammatical issues and clarify what magnetic plate is being referred to each time a permanent magnet plate or magnetism uniforming plate is being referred to. Further it is recommended to clarify how the centers of the plates on a same side (same side of what?) are opposite to centers of a side wall ( the claim earlier states they are inline and attached to the side wall so how can they be opposite)
Claims 3, 4, and 6 state “the permanent magnet plate” several times and “the side wall” both of which are found to be indefinite as it is unclear how these are related to the two plates and multiple side walls previously claimed.
Claims 3, 5-6, and 12-16 depend from claim 1 above and therefore inherit the 35 USC 112 deficiencies of their parent claim.
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 Keith Raymond whose telephone number is (571)270-1790. The examiner can normally be reached Monday-Friday 9AM - 5PM.
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/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798
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