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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on 3/3/2026. Claims 1- 20 are pending for consideration in this Office Action.
Response to Amendment
The objections to the abstract have been withdrawn in light of the amendments filed.
Allowable Subject Matter
Claims 1-20 are allowable over prior art.
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.
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Claims 1-13 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 -20 of U.S. Patent No.2025/0347456, hereinafter the “456 Publication”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1, the 456 Publication teaches a refrigerator appliance defining a vertical direction, a lateral direction, and a transverse direction [fig 1], comprising:
a cabinet defining a chilled chamber [claim 1];
a sealed system for regulating a chamber temperature within the chilled chamber [claim 1];
an ambient humidity sensor; and a controller in operative communication with the sealed system and the ambient humidity sensor, the controller being configured to: operate the sealed system to regulate the chamber temperature to a standard operating temperature [claim 1];
obtain an ambient humidity using the ambient humidity sensor [claim 1];
determine, based on the ambient humidity, that maintaining the chilled chamber at the standard operating temperature will produce sweat on an outer surface of the refrigerator appliance [claim 1];
determine a target temperature higher than the standard operating temperature that prevents the sweat from being produced on the outer surface of the refrigerator appliance [claim 1]; and
operate the sealed system to regulate the chamber temperature to the target temperature [claim 1].
Regarding Claim 2, the 456 Publication teaches wherein determining, based on the ambient humidity, that maintaining the chilled chamber at the standard operating temperature will produce sweat on the outer surface of the refrigerator appliance comprises: determining that the ambient humidity is equal to or exceeds a relative humidity threshold [claim 11].
Regarding Claim 3, the 456 Publication teaches wherein the relative humidity threshold is equal to a predetermined humidity level plus a humidity offset value [claim 10; See also MPEP 2144.05(II)(A) Routine Optimization].
Regarding Claim 4, the 456 Publication teaches wherein the predetermined humidity level is between about 60% and 90% [claim 9].
Regarding Claim 5, the 456 Publication teaches wherein the predetermined humidity level is about 75% [claim 10].
Regarding Claim 6, the 456 Publication teaches wherein the humidity offset value is a predetermined percentage of the predetermined humidity level [claim 10; See also MPEP 2144.05(II)(A) Routine Optimization].
Regarding Claim 7, the 456 Publication teaches wherein the predetermined percentage is between about 3% and 7% [claim 10; See also MPEP 2144.05(II)(A) Routine Optimization].
Regarding Claim 8, the 456 Publication teaches wherein the controller is further configured to: determine that the ambient humidity falls below the predetermined humidity level; and operate the sealed system to regulate the chamber temperature to the standard operating temperature [claims 1 and 6].
Regarding Claim 9, the 456 Publication teaches wherein the target temperature is higher than the standard operating temperature by a predetermined temperature offset [claims 2 and 3].
Regarding Claim 10, the 456 Publication teaches wherein the predetermine temperature offset is between about 0.5 and 10 degrees higher than the standard operating temperature [claim 3].
Regarding Claim 11, the 456 Publication teaches wherein the predetermine temperature offset is between about 1 and 3 degrees higher than the standard operating temperature [claim 3].
Regarding Claim 12, the 456 Publication teaches wherein the target temperature is determined as a function of the ambient humidity [claim 7].
Regarding Claim 13, the 456 Publication teaches wherein a relationship between the target temperature and the ambient humidity is stored in a lookup table, a regression equation, or a mathematical model [claim 8].
Regarding Claim 15, the 456 Publication teaches wherein the ambient humidity sensor is mounted on the outer surface of the refrigerator appliance [claim 12].
Regarding Claim 16, the 456 Publication teaches wherein the refrigerator appliance is a side-by-side refrigerator appliance and the chilled chamber is a freezer chamber [claim 13].
Regarding Claim 17, the 456 Publication teaches method of operating a refrigerator appliance, the refrigerator appliance comprising a sealed system for regulating a chamber temperature within a chilled chamber and an ambient humidity sensor [claim 15] the method comprising:
operating the sealed system to regulate the chamber temperature to a standard operating temperature [claim 15];
obtaining an ambient humidity using the ambient humidity sensor [claim 15]; determining, based on the ambient humidity, that maintaining the chilled chamber at the standard operating temperature will produce sweat on an outer surface of the refrigerator appliance [claim 15];
determining a target temperature higher than the standard operating temperature that prevents the sweat from being produced on the outer surface of the refrigerator appliance [claim 15]; and
operating the sealed system to regulate the chamber temperature to the target temperature [claim 15].
Regarding Claim 18, the 456 Publication teaches wherein determining, based on the ambient humidity, that maintaining the chilled chamber at the standard operating temperature will produce sweat on the outer surface of the refrigerator appliance comprises: determining that the ambient humidity is equal to or exceeds a relative humidity threshold [claim 19].
Regarding Claim 19, the 456 Publication teaches wherein the relative humidity threshold is equal to a predetermined humidity level plus a humidity offset value [claim 10; See also MPEP 2144.05(II)(A) Routine Optimization].
Regarding Claim 20, the 456 Publication teaches wherein determining that the ambient humidity falls below a predetermined humidity level; and operating the sealed system to regulate the chamber temperature to the standard operating temperature [claims 1 and 6].
Claim 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No.2025/0347456, hereinafter the “456 Publication” in view of Stewart et al. (US2024/0318863).
Regarding Claim 14, the 456 Publication teaches determining the target temperature higher than the standard operating temperature that prevents the sweat from being produced on the outer surface of the refrigerator appliance [claim 1]; and operate the sealed system to regulate the chamber temperature to the target temperature
[claim 1].
Stewart teaches a method for determining condensate formation on an exterior surface of a climate control system [0001] having an ambient temperature sensor [150; 152; 0038], wherein a controller [0035] is in operative communication with the ambient temperature sensor and is further configured to: obtain an ambient temperature using the ambient temperature sensor 0035-0039; determine, based on the ambient humidity and the ambient temperature, that maintaining the chilled chamber at the standard operating temperature will produce sweat on the outer surface of the refrigerator appliance [0040-0050; fig 2A]. One skilled in the art would be motivated to make the modification as having multiple parameters to predict the occurrence of condensation necessarily improves the system.
Conclusion
THIS ACTION IS MADE FINAL. 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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763