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 .
This non-final Office action is in response to Applicant’s continuing patent application number 18/799,552 filed on 7/22/2024.
Currently, claims 2-23 are pending and examined.
Claim 1 has been cancelled.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/18/2025; 8/8/2025; 3/21/2025 are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: on par. [0001], line 2; after “2022” should added -- now U.S. Patent No. 12,061,041 --.
Appropriate correction is required.
Claim Objections
Claims 7-20 are objected to because of the following informalities: claim 7, line 1; a citation “each of the two side rails comprise” should be read --each of the two side rails comprises--. Appropriate correction is required. Claims 8-20 depending upon the objected claim 7 are also objected.
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 5, 13, 14, 15, 16, 17 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.
Re claim 5, line 3; a citation “a slot” is confusing and indefinite because it’s unclear whether the same “a slot” cited in line 2? Clarification is required.
Re claim 13, line 1; a citation “wherein the back cover further comprises tabs” is confusing and indefinite because it’s unclear whether the same “tabs” as cited in claim 12, line 2? Clarification is required. Claims 14-17 depending upon the rejected claim 13 are also rejected.
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 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-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,061,041. Although the claims at issue are not identical, they are not patentably distinct from each other because all structures of the instant claims are fully encompassed within the patented claims.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 2-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2021/0325104 to Kang et al. (‘Kang’).
Re claims 2, 23: Kang discloses in Fig 7, a display case door for a refrigerated display case enclosure, the display case door comprising: a frame 671 configured to couple with the refrigerated display case enclosure (Fig. 1); a subframe 643/641 coupled to the frame 671, wherein a portion of the subframe 643/641 extends outward from the frame 671 and supports an insulated panel assembly 652 offset from the frame 671; and an electronic video display 62/63 coupled to the frame 671 and overlaying the insulated panel assembly 652 (see Fig. 7).
Re claim 3: wherein the insulated panel assembly 652 comprises a sealed glass unit assembly (par. [0110]) comprising at least two layers of transparent panes 651/652 bounding a sealed space in between (par. [0128], Fig. 9).
Re claim 4: wherein the subframe 643/641 extends about and holds the insulated panel assembly together 652 (Figs. 9-10).
Re claim 5: wherein the frame 671 comprises a main rail section (wherein 671 points to) and an inner rim defining a slot therebetween (i.e. next to 671), and a flange (i.e. a flat portion) extending around a perimeter of the subframe 643 is coupled within a slot of the frame 671.
Re claim 6: wherein the subframe comprises two side rails 643/643 configured to couple to the frame 671 of the display case door, the frame 671 configured to couple with the refrigerated display case enclosure in an opening of the refrigerated display case enclosure (Fig. 8).
Re claim 7: wherein each of the two side rails 643/643 comprise: a main rail section (i.e. wherein 671 points to, Fig. 10) configured to couple to the at least two layers of transparent panes; and a front rim (i.e. wherein near 675 points to) extending outward from the main rail section.
Re claim 8: wherein the main rail section defines a channel (i.e. next to 671, Fig. 10) configured to couple to the at least two layers of transparent panes.
Re claim 9: wherein the frame comprises a top rail 672, a bottom rail 673, and a pair of side rails 671/671 extending between the top rail 672 and the bottom rail 673, each of the top rail 672, the bottom rail 673, and the pair of side rails 671/671 comprises: a main rail section (i.e. wherein 671 or 672 or 673 points to); and a back cover (i.e. a portion perpendicular to the main rail section) coupled to the main rail section, the front rim of the two side rails of the subframe 643 contained between the main rail section of the frame and the back cover (see Fig. 7, when all the frames are coupled together).
Re claim 10: wherein each of the top rail 672, the bottom rail 673, and the pair of side rails 671/671 further comprise an inner rim (i.e. a portion next to the main rail section) extending inward from the main rail section, the front rim (i.e. a flat portion) of the two side rails of the subframe 643/643 coupled to the inner rim of the frame (Fig. 7).
Re claim 11: wherein the front rim (i.e. a flat portion) of the subframe 643/643 is further contained between the inner rim of the frame and a front face of the back cover (Fig. 10).
Re claim 12: wherein the main rail section (i.e. wherein 671 points to) of the frame further comprises tabs (i.e. two tabs, near 675 points to) positioned on a rear surface of the main rail section, the tabs configured to couple to the back cover.
Re claim 13: wherein the back cover further comprises tabs (i.e. two projected portions of 643, Fig. 10 serve as tabs) positioned on a front surface of the back cover, the tabs of the back cover configured to engage with the tabs (i.e. ear 675) of the main rail section of the frame.
Re claim 14: wherein the back cover further comprises a slot (i.e. wherein a gasket received, Fig. 17) on a back surface of the back cover, the back surface opposite the front surface, the slot on the back surface configured to receive a portion of a gasket 58, and wherein the display case door 60 further comprises the gasket 58 coupled to the back surface of the back cover (i.e. wherein 54 points to) by the slot.
Re claim 15: further comprising a block of foam 53 coupled to the front surface of the back cover, the front rim of the main rail section of the subframe coupled to the block of foam 53.
Re claim 16: wherein a portion of the main rail section of the frame extends into the block of foam 53.
Re claim 17: wherein the main rail section of the frame comprises a channel (Fig. 10) configured to receives one or more power cables 631/632 that provide electrical power to an electronic display 63 coupled to the frame in front of the sealed glass unit assembly 651/652.
Re claim 18: further comprising one or heater wires 675 (par. [0142]) extending through the frame (Fig. 8).
Re claim 19: wherein at least one heater wire 675 is positioned between the main rail section and the back cover (par. [0142], Figs. 8, 9).
Re claim 20: wherein at least one heater wire 675 is positioned between within a tab 672c connecting the main rail section to the back cover (Fig. 9).
Re claim 21: wherein the subframe further comprises a top rail 641 and a bottom rail 641 extending between two side rails 671/671, the top rail 672, the bottom rail 673, and the two side rails 671/671 enclosing a perimeter of the insulated panel assembly 651/652.
Re claim 22: wherein the top rail 641, the bottom rail 641, and the two side rails 671/671 are mate together forming miter joints (i.e. when all structural frames are coupled together), each of the top rail 641, the bottom rail 641, and the two side rails 671 comprising slots configured to receive screws (see par. [0112]) to join the top rail 641, the bottom rail 641, and the two side rails 671/671 together at the miter joints (Fig. 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272- 6847. The examiner can normally be reached on Monday-Friday from 7:30 am-4:00 pm. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
PNG
media_image1.png
100
143
media_image1.png
Greyscale
Prosecution Insights