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 Objections
Claims 4, 12 objected to because of the following informalities: claim 4 recites “the illumination” and “removable cover” must be recited as “the illumination strip” and “the removable cover”; claim 12 recites “support arm” must be recited as “a support arm”. Appropriate correction is required.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Claim limitations:
Segment of claim 1, the claim limitation “refrigeration system” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholders “system” coupled with functional language “to maintain a temperature” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 1 including depending claims 2-11 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“refrigeration system” has been interpreted to be a refrigerator.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wirth (US 2022/0361689 A1).
Claim 1: Wirth discloses a refrigerator appliance (FIG.1) comprising
a cabinet (2) with at least one shelf (17) for displaying products, and
a refrigeration system (refrigerator in FIG.1) for cooling the cabinet (2),
wherein the at least one shelf (17) comprises a front edge (inherent) located at a front of the cabinet (2), and
an illumination strip (paragraph [48]: light source strip 68 used as illumination strip) extending parallel to the front edge (to clarify, light 68 provided on board inner beam 108b as shown in FIG.5 light 68 extended along the length of beam 108b parallel to the front edge of shelf 17) and disposed at or near the front edge (see FIG.1) to illuminate products on the at least one shelf (functional language).
Claim 2: Wirth discloses the apparatus as claimed in claim 1, comprising
a cavity (56) extending along the front edge of the shelf (17), the cavity (56) comprising a slot opening (cavity 56 forming an opening within), and wherein the illumination strip (68) is housed within the cavity (56) and directed to emit light through the slot opening (opening within cavity to receive carrier 54).
Claim 3: Wirth discloses the apparatus as claimed in claim 2, wherein the illumination strip (68) is attached to the front edge of the shelf (17), and wherein the refrigerator appliance (preamble; FIG.1) further comprises a removable cover (paragraph [41]: cover 52 is hollow and thus defines cavity 56; to clarify, cover 52 is capable of being removed as it was placed upon assembling the structure) that is attachable to the front edge of the shelf to define the cavity (56).
Claim 4: Wirth discloses the apparatus as claimed in claim 3, further comprising
an air curtain attachment (curtain attachment shown in FIG.2; paragraph [7]: flow control 102 include beam attachments 106 to attach flow control to shelf 17) attachable to the front edge (inherent) of the shelf (17) adjacent to the illumination (68) and removable cover (52; to clarify, cover 52 is capable of being removed as it was placed upon assembling the structure).
Claim 5: Wirth discloses the apparatus as claimed in claim 1, comprising
an air curtain attachment (curtain attachment shown in FIG.2; paragraph [7]: flow control 102 include beam attachments 106 to attach flow control to shelf 17) attachable to the front edge (inherent) of the shelf (17), the air curtain attachment comprising the illumination strip (68).
Claim 6: Wirth discloses the apparatus as claimed in claim 5, wherein the air curtain attachment (curtain attachment shown in FIG.2) comprises
an attachment portion (beam 108b used as attachment portion; to clarify, beam 108b attached to the shelf 17 via bracket 106a) for attaching to the front edge of the shelf (17), and
an air deflecting member (108a; paragraph [39]: 108a to control/stabilizing air curtain) mounted to the attachment portion (108b) by a support arm (110a) such that the air deflecting member (108a) is spaced from the attachment portion (108b) to define an air curtain passage (26) between the air deflecting member (108a) and the attachment portion (108b).
Claim 7: Wirth discloses the apparatus as claimed in claim 6, wherein the illumination strip (68) is located such that in use it is disposed within, or adjacent to (based on broadest reasonable interpretation, all the components of FIG.2 are nearby/adjacent to each other), the air curtain passage (26).
Claim 8: Wirth discloses the apparatus as claimed in claim 6, wherein the illumination strip (68) is disposed on the attachment portion (108b; to clarify, light source disposed on internal surface of 108b; see FIG.5).
Claim 9: Wirth discloses the apparatus as claimed in claim 8, wherein the attachment portion (108b) defines a cavity (56) having a slot opening (cavity 56 forming an opening within), and wherein the illumination strip (68) is received within the cavity (56) and directed to emit light through the slot opening (intended use).
Claim 10: Wirth discloses the apparatus as claimed in claim 9, further comprising a removable cover (52) defining a part of the cavity (56).
Claim 11: Wirth discloses the apparatus as claimed in claim 10, wherein the removable cover (52) is shaped to deflect the air curtain (paragraph [31]: air curtain passes from discharge grille 20) towards the air curtain passage (passage 26 formed between 108a/108b).
Claim 12: Wirth discloses an air curtain attachment for a refrigerator appliance, the air curtain attachment (FIG.2) comprising:
an attachment portion (beam 108b used as attachment portion; to clarify, beam 108b attached to the shelf 17 via bracket 106a) for attaching to a front edge (inherent) of a shelf (17) of the refrigerator appliance shelf (intended use),
an air deflecting member (108a; paragraph [39]: 108a to control/stabilizing air curtain) mounted to the attachment portion (108b) by support arm (110a) such that the air deflecting member (108a) is spaced from the attachment portion (108b) to define an air curtain passage (26) between the air deflecting member (108a) and the attachment portion (108b), and an illumination strip (68) arranged to illuminate products on the shelf (17) when the air curtain attachment (preamble) is attached to the front edge of the shelf (17) by the attachment portion (108b).
Claim 13: Wirth discloses the apparatus as claimed in claim 12, wherein the illumination strip (68) is located such that in use it is disposed within, or adjacent to (based on broadest reasonable interpretation, all the components of FIG.2 are nearby/adjacent to each other), the air curtain passage (26).
Claim 14: Wirth discloses the apparatus as claimed in claim 6, wherein the illumination strip (68) is disposed on the attachment portion (108b; to clarify, light source disposed on internal surface of 108b; see FIG.5).
Claim 15: Wirth discloses the apparatus as claimed in claim 14, wherein the attachment portion (108b) defines a cavity (56) having a slot opening (cavity 56 forming an opening within), and wherein the illumination strip (68) is housed within the cavity (56) and directed to emit light through the slot opening (intended use), and further comprising a removable cover (52) defining a part of the cavity (56).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to refrigeration system:
Mcandrew (US 2022/0378225 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763