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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/31/2024, 06/24/2025 and 09/18/2025 were filed after the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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) 1-11, 13-20, 22-33 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inan (EP 1581777 B1, refer to attached translation).
Regarding claim 1, Inan discloses a refrigerator (1) comprising:
a cabinet (5) having a storeroom;
a main door (2) rotatably disposed on the cabinet to open and close the storeroom;
a main door basket (refer to basket 20 provided on the main door 2) disposed on the main door; and
a sub door (3) disposed inside the cabinet and rotatable relative to the main door,
wherein the sub door (3) has an accommodation portion that defines a storage space (refer to figs.2b-3d) disposed inside the storeroom when the sub door is closed, and at least a portion of the main door basket (basket 20 provided on the main door 2 as can be seen from figs.3a-3d) is disposed in the storage space.
Regarding claim 2, Inan meets the claim limitations as disclosed above in the rejection of claim 1. Further, Inan discloses wherein the accommodation portion includes an open surface that faces the main door when the main door is closed (refer to figs.3a-3d).
Regarding claim 3, Inan meets the claim limitations as disclosed above in the rejection of claim 2. Further, Inan discloses a sub door basket (refer to sub door basket 20 as in figs.3a-3d) disposed within the accommodation portion.
Regarding claim 4, Inan meets the claim limitations as disclosed above in the rejection of claim 3. Further, Inan discloses wherein the sub door basket is spaced inwardly from the open surface of the accommodation portion by a first distance (refer to figs.3a-3d).
Regarding claim 5, Inan meets the claim limitations as disclosed above in the rejection of claim 4. Further, Inan discloses wherein at least a portion of the main door basket is disposed within the accommodation portion (refer to figs.3a-3d).
Regarding claim 6, Inan meets the claim limitations as disclosed above in the rejection of claim 3. Further, Inan discloses wherein a lower side of the sub door basket (refer to fig. 5) has a discharge hole (30), wherein cold air is to pass through the discharge hole.
Regarding claim 7, Inan meets the claim limitations as disclosed above in the rejection of claim 3. Further, Inan discloses wherein the accommodation portion is configured to form a cold air flow path (refer to the solid arrows creating the flow path from inlet 13 to outlet 14, figs.3a-3d) that allows cold air to pass therethrough.
Regarding claim 8, Inan meets the claim limitations as disclosed above in the rejection of claim 7. Further, Inan discloses wherein the cold air flow path includes: an inflow path (entering through inlet 13) in which cold air is to be introduced into the accommodation portion; and an outflow path (exiting through outlet 14) in which cold air is to be discharged from the accommodation portion.
Regarding claim 9, Inan meets the claim limitations as disclosed above in the rejection of claim 8. Further, Inan discloses wherein the storage space includes: a first portion at which the sub door basket is disposed (refer to figs.3a-3d); and a second portion located between the first portion and the main door (2), wherein the inflow path (entering though 13) is disposed at the first portion of the storage space (through the portion where the sub door baskets are disposed as in figs.3a-3d).
Regarding claim 10, Inan meets the claim limitations as disclosed above in the rejection of claim 9. Further, Inan discloses wherein the outflow path (refer to fig.3a below) is disposed at the second portion of the storage space (space between where the sub door basket is disposed and the main door as can be seen below).
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Regarding claim 11, Inan meets the claim limitations as disclosed above in the rejection of claim 8. Further, Inan discloses wherein the inflow path is to couple to a cold air outlet (13) in which cold air is to be discharged.
Regarding claim 13, Inan meets the claim limitations as disclosed above in the rejection of claim 1. Further, Inan discloses wherein a lower side of the main door basket (located on door 2 as can be seen from fig.5) has a discharge hole (30), wherein cold air is to pass through the discharge hole.
Regarding claim 14, Inan discloses a refrigerator (1) comprising:
a cabinet (5) having a storeroom;
a main door (2) rotatably disposed on the cabinet to open and close the storeroom;
a main door basket (refer to basket 20 provided on the main door 2) to be disposed on the main door to face the storeroom when the main door is closed; and
a sub door (3) rotatable relative to the main door,
wherein the sub door (3) includes an accommodation portion that defines a storage space disposed inside the storeroom when the sub door is closed,
wherein the storage space includes:
a first portion in which a sub door basket is to be disposed (refer to baskets 20 disposed on sub door 3); and
a second portion disposed between the first portion and the main door (refer to figs.3a-3d).
Regarding claim 15, Inan meets the claim limitations as disclosed above in the rejection of claim 14. Further, Inan discloses wherein at least a portion of the main door basket (basket 20 on main door 2) is disposed at the second portion of the storage space.
Regarding claim 16, Inan meets the claim limitations as disclosed above in the rejection of claim 14. Further, Inan discloses wherein the accommodation portion is configured to form a cold air flow path (refer to the solid lined arrows flowing through the main and sub doors as in figs.3a-3d) that allows cold air to pass therethrough.
Regarding claim 17, Inan meets the claim limitations as disclosed above in the rejection of claim 16. Further, Inan discloses wherein the cold air flow path includes: an inflow path (entering through inlet 13) in which cold air is to be introduced into the accommodation portion; and an outflow path (exiting through outlet 14) in which cold air is to be discharged from the accommodation portion.
Regarding claim 18, Inan meets the claim limitations as disclosed above in the rejection of claim 17. Further, Inan discloses wherein the inflow path (entering though 13) is disposed at the first portion of the storage space.
Regarding claim 19, Inan meets the claim limitations as disclosed above in the rejection of claim 17. Further, Inan discloses wherein the outflow path (refer to annotated fig.3a above) is disposed in the second portion of the storage space (space between where the sub door basket is disposed and the main door as can be seen below).
Regarding claim 20, Inan meets the claim limitations as disclosed above in the rejection of claim 17. Further, Inan discloses wherein the inflow path is to couple to a cold air outlet (13) in which cold air is to be discharged.
Regarding claim 22, Inan meets the claim limitations as disclosed above in the rejection of claim 14. Further, Inan discloses wherein a lower side of the sub door basket (refer to fig.5) has a discharge hole (30), wherein cold air is to pass through the discharge hole.
Regarding claim 23, Inan meets the claim limitations as disclosed above in the rejection of claim 14. Further, Inan discloses wherein a lower side of the main door basket (refer to fig.5) has a discharge hole (30), wherein cold air is to pass through the discharge hole.
Regarding claim 24, Inan meets the claim limitations as disclosed above in the rejection of claim 14. Further, Inan discloses wherein the main door basket includes: a first main door basket disposed at an upper side within the second portion of the storage space; a second main door basket disposed under the first main door basket within the second portion of the storage space; and a third main door basket disposed between the first main door basket and the second main door basket (refer to fig.7a below).
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Regarding claim 25, Inan meets the claim limitations as disclosed above in the rejection of claim 24. Further, Inan discloses wherein the sub door basket includes: a first sub door basket disposed at an upper side within the first portion of the storage space; a second sub door basket disposed under the first sub door basket within the first portion of the storage space; and a third sub door basket disposed between the first sub door basket and the second sub door basket (refer to annotated fig.7a above).
Regarding claim 26, Inan meets the claim limitations as disclosed above in the rejection of claim 25. Further, Inan discloses wherein the first main door basket is disposed downwardly of the first sub door basket (refer to annotated fig. 7a above).
Regarding claim 27, Inan discloses a refrigerator (1) comprising:
a cabinet (5) having a storeroom;
a main door (2) rotatably disposed on the cabinet to open and close the storeroom;
a main door basket (refer to basket 20 provided on the main door 2) disposed on the main door;
a sub door (3) rotatable relative to the main door, wherein the sub door (3) includes an accommodation portion disposed inside the storeroom when the sub door is closed and having an open surface (refer to figs.3a-3d) that faces the main door (2) when the main door is closed; and
a sub door basket (refer to baskets 20 disposed on sub door 3) disposed within the accommodation portion,
wherein the sub door basket is spaced inwardly from the open surface of the accommodation portion.
Regarding claim 28, Inan meets the claim limitations as disclosed above in the rejection of claim 27. Further, Inan discloses wherein the sub door basket is spaced inwardly from the open surface of the accommodation portion by a first distance (refer to figs.3a-3d).
Regarding claim 29, Inan meets the claim limitations as disclosed above in the rejection of claim 28. Further, Inan discloses wherein at least a portion of the main door basket is within the first distance from the open surface of the accommodation portion (refer to figs.3a-3d).
Regarding claim 30, Inan meets the claim limitations as disclosed above in the rejection of claim 27. Further, Inan discloses wherein the accommodation portion is configured to form a cold air flow path (refer to the solid lined arrows as in figs.3a-3d within main and sub doors) that allows cold air to pass therethrough.
Regarding claim 31, Inan meets the claim limitations as disclosed above in the rejection of claim 30. Further, Inan discloses wherein the cold air flow path includes: an inflow path (entering through 13) in which cold air is to be introduced into the accommodation portion; and an outflow path (exiting through 14) in which cold air is to be discharged from the accommodation portion.
Regarding claim 32, Inan meets the claim limitations as disclosed above in the rejection of claim 31. Further, Inan discloses wherein the storage space includes: a first portion in which the sub door basket is disposed; and a second portion between the first region portion and the main door (2), wherein the inflow path (refer to the solid lined arrows as in figs.3a-3d within main and sub doors) is in the first portion of the storage space (refer to figs. 3a-3d).
Regarding claim 33, Inan meets the claim limitations as disclosed above in the rejection of claim 32. Further, Inan discloses wherein the outflow path (refer to annotated fig.3a above) is disposed at the second portion of the storage space (space between where the sub door basket is disposed and the main door as can be seen above).
Regarding claim 35, Inan meets the claim limitations as disclosed above in the rejection of claim 27. Further, Inan discloses wherein a lower side of at least one of the sub door basket and the main door basket has a discharge hole (30, fig. 5), wherein cold air is to pass through the discharge hole.
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 (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 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(s) 12, 21 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inan (EP 1581777 B1).
Regarding claims 12, 21 and 34, Inan meets the claim limitations as disclosed above in the rejection of claims 11, 20 and 31 respectively. Further, Inan discloses the sub door basket, but fails to explicitly disclose wherein the sub door basket is closer to the cold air outlet (the inflow path) than the main door basket.
However, it has been held that absent persuasive evidence that the particular configuration of a device (in the instant case, the sub door basket being closer to the cold air outlet (the inflow path) than the main door basket) are significant, then to change the configuration of the device would be a matter of choice of a person having ordinary skill in the art. Further, Inan’s refrigerator would operate equally well with one of the sub door baskets being closer to the cold air outlet (the inflow path) than the main door basket. Further, Applicant has not disclosed that the claimed configuration solves any stated problem, indicating simply that “…the inflow path 410 may be located closer to the first sub door basket 150 than to the first main door basket 140 located at the upper side. That is, the first main door basket 140 may be located lower than the first sub door basket 150. Accordingly, the first sub door basket 150 may be located close to the cold air outlet 330.” (see par. 251 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the refrigerator of Inan to have the sub door basket being closer to the cold air outlet (the inflow path) than the main door basket because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Inan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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