CTNF 18/958,784 CTNF 78004 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 18/958,784 filed on 11/25/2024. Currently, claims 1-20 are pending and examined. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/580,347 , filed on 2/3/2022 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/25/2024 is being considered by the examiner. Specification 07-29 AIA The disclosure is objected to because of the following informalities: page 1, line 5; after “28, 2023” should added -- Now U.S. Patent No. 12,188,276 --. Appropriate correction is required. Claim Objections Claims 1-20 are objected to because of the following informalities: claim 1, line 6; a phrase “a engaging surface” should be read as -- an engaging surface --. Appropriate correction is required. Claims 2-15 depending upon the objected claim 1 are also objected. Claim 16, line 9; having the same issues as mentioned; therefore, claims 16-20 are also objected. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 15, 19-20 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 15, lines 6-7; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Correction is required. Re claim 19, lines 6, 8; having the same issues as mentioned above; therefore, claims 19-20 are also rejected. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,188,276; over claims 1-20 of U.S. Patent No. 11,753,856; over claims 1-20 of U.S. Patent No. 11,261,634; over claims 1-12 of U.S. Patent No. 11,536,461 . 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 and allowed claims . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 2, 6 and 16 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US No. 6,543,821 to Weinerman et al. (‘Weinerman’) . Re claim 1: Weinerman discloses a latch module (Fig. 15) for controlling an opening and a closing of a door of an appliance, comprising: a latch 100 including a hook 110 configured to engage with or released from a pin 520 provided on the door; and a cam 300 that contacts a contact surface of the latch 100, wherein the hook 110 includes a engaging surface 111 that engages with the pin 520, wherein the engaging surface 111 comprising: a secure lock surface (i.e. wherein 111 points to); and a disengaging inclined surface 113 formed slopingly at an end portion of the secure lock surface, and wherein the pin 520 contacts the disengaging inclined surface 113 of the hook 110 in a first basic position of the latch 100, the pin 520 and the hook 110 are separated from each other so that the interference of the hook 110 with the pin 520 is released in the second basic position of the latch 100, and the pin 520 contacts the secure lock surface of the hook 110 in the third basic position of the latch 100 (see Figs. 15-16). Re claim 2: wherein the first basic position is a position of the latch 100 engages with the engaging structure (Fig. 15) to maintain a closed state of the door and allows the door to be opened and closed manually, wherein the second basic position is a position of the latch 100 that does not engage with the engaging structure (Fig. 16), wherein the third basic position is a position of the latch 100 that engages with the engaging structure 530 to maintain a closed state of the door and the latch 100 securely locks the door and does not allow the door to be opened manually. Note, the claimed preamble is sole drawn to a sub-combination of “A latch”; and “for controlling an opening and closing of a door of an appliance” is functional; therefore, any limitations in relation with “a door” is not being given any patentable weight. Re claim 6: wherein, in the second basic position, the latch 100 is pivoted in a first direction with respect to the first basic position, and in the third basic position, the latch 100 is pivoted in a second direction different from the first direction with respect to the first basic position (see Figs. 15-16). Re claim 16: Weinerman discloses an appliance 500 comprising: a main body including a cavity having an open front; a pull-down door 530 that opens and closes the open front of the cavity; a pin 520 provided on the pull-down door 530; a latch holder including; a latch 100 to engage the pin 520; and a cam 300 that contacts a contact surface of the latch 100, wherein the latch 100 includes a hook 110 configured to engage with or released from the pin 520, wherein the hook 110 includes a engaging surface 111 that engages with the pin 520, wherein the engaging surface 111 comprising: a secure lock surface (i.e. wherein 111 points to); and a disengaging inclined surface 113 formed slopingly at an end portion of the secure lock surface, and wherein the pin 520 contacts the disengaging inclined surface of the hook 110 in a first basic position of the latch 100, the pin 520 and the hook 110 are separated from each other so that the interference of the hook 110 with the pin 520 is released in the second basic position of the latch 100, and the pin 520 contacts the secure lock surface of the hook 110 in the third basic position of the latch 100 (see Figs. 15-16) . Allowable Subject Matter 07-43-02 AIA Claim s 3-5, 7-15 and 17-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA 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 7AM-5PM or email: chi.nguyen@uspto.gov . 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 323 328 media_image1.png Greyscale Application/Control Number: 18/958,784 Page 2 Art Unit: 3635 Application/Control Number: 18/958,784 Page 3 Art Unit: 3635 Application/Control Number: 18/958,784 Page 4 Art Unit: 3635 Application/Control Number: 18/958,784 Page 5 Art Unit: 3635 Application/Control Number: 18/958,784 Page 6 Art Unit: 3635 Application/Control Number: 18/958,784 Page 7 Art Unit: 3635
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