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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the printed layer must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. (see claim 11)
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 4, 6-10, 12-17, 19 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,092,387. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and instant application both teach a refrigerator comprising: a cabinet defining a storage space; and a door configured to open and close the storage space, wherein the door comprises: a panel assembly configured to show the storage space therethrough and including a front panel, an insulating panel, and a spacer, a door frame connected to the panel assembly, and a door liner defining a liner opening and connected to the door frame and the insulating panel, wherein the door liner comprises: an outer body, a connection body extending from the outer body, an inner body extending from the connection body, having side surfaces and a bottom surface, and defining the liner opening, a plurality of coupling protrusions provided at the side surfaces of the inner body, an insulator received at an insulating space defined by the door frame, the panel assembly, and the door liner, a basket providing a plurality of protrusion grooves at side surfaces thereof, the plurality of protrusion grooves configured to detachably couple to the plurality of coupling protrusions of the inner body, and a liner extension portion extending upward from the bottom surface of the inner body toward the insulating panel such that the liner extension portion overlaps with a portion of the basket in a first direction, and wherein a width of the liner opening is greater than a width of the basket. Wherein the front panel and the insulating panel are arranged in the first direction. Wherein the liner extension portion connects the side surfaces of the inner body. Wherein an upper end of the liner extension portion is disposed below an upper end of the basket. Wherein a distance between the plurality of coupling protrusions and the connection body is less than a distance between the plurality of coupling protrusions and the liner extension portion. Wherein a lower end of the front panel is disposed below the liner extension portion. Wherein the inner body contacts the insulating panel. Wherein the front panel comprises (i) a first portion and (ii) a second portion disposed at an outside of the first portion and providing a printed layer, and wherein a portion of the basket faces the first portion of the front panel. Wherein the door further comprises a heater frame that is configured to receive a heater and that surrounds the spacer. Wherein the heater frame has a rectangular shape and is coupled to a rear surface of the front panel. Wherein the door frame comprises an upper frame, a lower frame, and side frames. Wherein the upper frame defines a space covered by a frame cover. Wherein the upper frame includes a plurality of protrusions contacting the front panel. Wherein: the door liner comprises a liner coupling portion extending from the connecting body, the lower frame comprises a frame coupling portion coupled to the liner coupling portion, and the liner coupling portion and the frame coupling portion are coupled to each other by a coupling member. Wherein the door liner comprises: an additional liner extension portion extending from the outer body, and a rib spaced apart from the additional liner extension portion, and wherein the upper frame comprises a frame extension portion disposed between the rib and the additional liner extension portion.
Since claims 1, 2, 4, 6-10, 12-17, and 19 are anticipated by the claims of the patent, they are not patentably distinct therefrom. Thus, the invention of claims 1, 2, 4, 6-10, 12-17, and 19 of the application is in effect a species of the generic invention of patent claims. It has been held that the generic invention is anticipated by the species, see In re Goodman 29 USPQ2d 2010 (Fed Cir. 1993) Since claims 1, 2, 4, 6-10, 12-17, and 19 are anticipated (fully encompassed) by the claims of the patent, they are not patentably distinct there from, regardless of any additional subject matter present in patent claims.
Although in claim 20, the outer body does not provide a plurality of ribs that are spaced apart from each other, it would have been obvious to one add multiple ribs on the outer body for strengthening purposes. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP2144.04
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,092,387 in view of Seo et al (2016/0061514). The patent teaches the limitations of claim 1, including a front panel. The front panel comprising a first portion. For claim 11, the patent fails to teach a second portion with a printed layer on the front panel. Seo’514 teaches a printed layer on the front panel (110; paragraph 0062). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerator of the patent by adding the second printed layer on the first portion, such as is taught by Seo’514, for aesthetic reasons.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 6-10, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (2017/0191746) in view of Kim et al (2014/0132143). Seo teaches a refrigerator (Fig. 2) comprising: a cabinet (10) defining a storage space (12,13); and a door (20) configured to open and close the storage space, wherein the door comprises: a panel assembly including a front panel (41), an insulating panel (a; see annotated figure below) and a spacer (b), a door frame (43) connected to the panel assembly, and a door liner (42) defining a liner opening and connected to the door frame and the insulating panel, wherein the door liner comprises: an outer body (c), a connection body extending from the outer body (d), an inner body (portions with baskets 121) extending from the connection body, having side surfaces and a bottom surface (Fig. 2), and defining the liner opening, an insulator (paragraph 0161) received at an insulating space (e) defined by the door frame, the panel assembly, and the door liner, a basket (121), and a liner extension portion (60) extending upward from the bottom surface of the inner body toward the insulating panel such that the liner extension portion overlaps with a portion of the basket (lowest basket; see Fig. 44) in a first direction, and wherein a width of the liner opening is greater than a width of the basket. For claim 1, Seo fails to specifically teach a plurality of coupling protrusions provided at the side surfaces of the inner body and a plurality of protrusion grooves at side surfaces that receive the protrusions. Kim teaches a plurality of coupling protrusions (330) provided at the side surfaces of the inner body of door liner (Fig. 5) and a plurality of protrusion grooves (47) at side surfaces of baskets (40) that receive the protrusions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerator of Seo by adding protrusions on the liner side surfaces and grooves on the side surfaces of the baskets, such as is taught by Kim, to provide specific means to removably attach the baskets to the door.
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Wherein Seo in view of Kim further teaches that the front panel and the insulating panel are arranged in the first direction. Wherein the liner extension portion is disposed between the insulating panel and the basket. Wherein the liner extension portion connects the side surfaces of the inner body. Wherein a distance between the plurality of coupling protrusions and the connection body is less than a distance between the plurality of coupling protrusions and the liner extension portion. Wherein a lower end of the front panel is disposed below the liner extension portion. Wherein the inner body contacts the insulating panel. Wherein the door frame comprises an upper frame, a lower frame, and side frames. Wherein the upper frame defines a space covered by a frame cover (49).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Seo (2017/0191746) in view of Kim et al (2014/0132143) as applied to claims 1-3, 6-10, 14, and 15 above, and further in view of Seo et al (2016/0061514). Seo in view of Kim teaches the limitations of claim 1, including a front panel. The front panel comprising a first portion. For claim 11, Seo in view of Kim fails to teach a second portion with a printed layer on the front panel. Seo’514 teaches a printed layer on the front panel (110; paragraph 0062). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerator of Seo in view of Kim by adding the second printed layer on the first portion, such as is taught by Seo’514, for aesthetic reasons.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (2017/0191746) in view of Kim et al (2014/0132143) as applied to claims 1-3, 6-10, 14, and 15 above, and further in view of Aiken et al (2015/0285551). Seo in view of Kim teaches the limitations of claim 1, including a front panel. For claims 12 and 13, Seo in view of Kim fails to teach a heater frame configured to receive a heater and surrounding the spacer. Aiken teaches a heater frame (100,104) configured to receive a heater and surrounding the spacer. Wherein the heater frame has a rectangular shape and is attached to a rear surface of a front panel (62). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the refrigerator of Seo in view of Kim by adding a heater on the rear side of front panel surrounding the spacer, such as is taught by Aiken, to prevent fogging, condensation on the front panel.
Allowable Subject Matter
Claims 5 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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Wilkens
January 15, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637