DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on October 11, 2024 & November 30, 2025 were in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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.
Claims 1-11, 13-16, 19-21, 24 & 27 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 1 fails to recite sufficient structural elements and the interconnection of elements to positively position and define the “door opening and closing device” so that an integral structural apparatus is set forth which is able to function as claimed. In Claim 21, the phrase “the base” line 3, does not have a proper antecedent basis. In Claim 24, the phrase “the base” line 2, does not have a proper antecedent basis. In Claim 27, the phrase “the base” line 3, does not have a proper antecedent basis. Consequently, the remaining claims are rejected since they are dependent, either directly or indirectly, upon an indefinite claim.
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, 8-10, 13, 16, 19-21, 24 & 27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-17 of co-pending Application No. 18/856,066 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed features within the cited claims of the instant invention are present and accounted for within the reference application. For example, the claimed features of Claim 1 of the instant invention are accounted for within Claims 1 & 13 of the reference application. Subsequently, the claimed features of Claim 2 of the instant invention is accounted for within Claim 14 of the reference application; the claimed features of Claims 8-10 of the instant invention are accounted for within Claim 14 of the reference application; the claimed features of Claim 13 of the instant invention is accounted for within Claim 16 of the reference application; the claimed features of Claim 16 of the instant invention are accounted for within Claims 2, 3 & 4 of the reference application; the claimed features of Claim 19 of the instant invention is accounted for within Claim 5 of the reference application; the claimed features of Claim 20 of the instant invention is accounted for within Claim 6 of the reference application; the claimed features of Claim 21 of the instant invention are accounted for within Claims 7, 8 & 9 of the reference application; the claimed features of Claim 24 of the instant invention are accounted for within Claims 10, 11 & 12 of the reference application; and the claimed features of Claim 27 of the instant invention is accounted for within Claim 17 of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 3-7, 11 & 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure – see the attached Form PTO-892 showing various door closing and opening devices associated with a refrigeration appliance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOH
March 27, 2026
/James O Hansen/Primary Examiner, Art Unit 3637