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 .
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 3 and 13-15 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 3 recites “transparent window, for example a glass window” using “for example” creates ambiguity as to what Applicant is seeking to claim. Appropriate correction is required.
Claim 13 recites the limitation "a door (3) post of the frame," it appears “ the frame” is referring to the door (3) frame, there is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 14-15 are rejected based on their respective dependencies.
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 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Us Pub No.: 20200049401 (“Staud et al.”).
Regarding Claims 1-2 and 4-7, Staud et al. discloses CLAIM 1- a refrigerator appliance (1) comprising a cuboid frame, a cabinet, and a door (3) , wherein the door (3) comprises a projection surface (15) that is angled inwardly (as seen in Figs. 3A- 3D,5) with respect to a side of the cuboid frame, and wherein the refrigerator further comprises a light source (5, 11, 12) arranged to project light onto the projection surface (15); CLAIM 2- wherein the door (3) is solid; CLAIM 4-wherein the door (3) comprises a handle recess (7), and wherein the light source (5, 11, 12) is disposed in the handle recess (7); CLAIM 5- wherein the handle recess (7) comprises the projection surface (15); CLAIM 6- wherein the light source (5, 11, 12) is configured to project visual information ([0051]) onto the projection surface (15, as seen in Figs. 3A- 3D, 5); CLAIM 7- wherein the handle recess (7) is formed at or near a top of the door (3) and faces downwardly.
Claims1-2, 4-5, 7-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2006069831 (“Wilsdorf”).
Regarding Claims 1-2, 4, 8 and 12, Wilsdorf discloses CLAIM 1-a refrigerator appliance (1) comprising a cuboid frame, a cabinet (2), and a door (3), wherein the door (3) comprises a projection surface (11) that is angled inwardly with respect to a side of the cuboid frame, and wherein the refrigerator (1) further comprises a light source (12) arranged to project light onto the projection surface (11); CLAIM 2- wherein the door (3) is solid, CLAIM 4- wherein the door (3) comprises a handle recess (8), and wherein the light source (12) is disposed in the handle recess (8); CLAIM 5-wherein the handle recess (8) comprises the projection surface (11; CLAIM 7-wherein the handle recess (8) is formed at or near a top of the door (3) and faces downwardly; CLAIM 8- wherein the door (3) comprises a planar door panel (4), and wherein the projection surface (11) is formed on the planar door (3) panel; CLAIM 12-wherein the light source (12) is configured to project a light gradient across the projection surface (11).
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, 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 3 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wilsdorf as applied to claims 1 and 8 above, and further in view of CN 101617186 (“RIEMEIJER et al.”)
Regarding claims 3 and 9-11, Wilsdorf discloses the claimed invention but does not disclose the transparent window and the handle extending vertically along one side of the door.
Regarding claims 3 and 9-11, RIEMEIJER et al. discloses CLAIM 3- wherein the door (10) comprises a transparent window (14), for example a glass window; CLAIM 9-wherein the handle recess (along 18) extends vertically along one side of the door (10); CLAIM 10- wherein the handle recess (along 18) extends vertically along substantially the entire side of the door (10); CLAIM 11-wherein the light source (16) extends along substantially the entire handle recess.
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 solid door with a glass window to view the contents inside the appliance without opening the door; and a vertical handle recess as an alternative design choice and the lights assist within the handle assist with reducing condensation,as demonstrated by RIEMEIJER et al.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wilsdorf as applied to claim 8 above, and further in view of WO 2015084792 (“GODBOLE”).
Regarding Claim 13-15, Wilsdorf discloses the claimed invention but does not wherein the light source is disposed on the door post.
Regarding Claims 13-15, GODBOLE discloses CLAIM 13- wherein the door (100) comprises a handle member (106) attached to a side of the door and defining the handle recess (106), wherein the handle member comprises an opening (116) disposed adjacent to a door post (102) of the frame when the door (100) is closed, and wherein the light source (12) is disposed on the door post (102) and directs light through the opening (116); CLAIM 14-wherein when the door (100) is open the light source (12) is positioned to illuminate the cabinet; Claim 15- a seal (130) arranged between the door (100) and the door post (102), and wherein the light source (12) is disposed outwardly of the seal when the door (100) is closed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have disposed the light source on the door post and the handle recess on the side of the door, as demonstrated by GODBOLE, to provide an improved door where the contents of the refrigerated merchandizer can be viewed without opening the door assembly, thus enabling the glass panels to be replaced with minimal effort, and hence reducing the maintenance cost and downtime. In addition, assembly dissipates heat generated by the lights to the ambient environment, thus providing a more energy efficient refrigerated merchandizer.
Conclusion
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 M-F 11:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/ Primary Examiner, Art Unit 3637
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