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 Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Preotle (US2994207A).
Regarding claim 1, Preotle discloses a refrigerator (see Fig. 1), comprising: a refrigerator body (20), comprising a storage liner (“inner liner,” col. 2, line 66 not numbered below evaporator 84) at a bottommost position; a top cover (wall 68), arranged to divide the storage liner into a storage space (space with shelves 40) at the upper part and a cooling space (evaporator compartment 66) at the lower part; and an evaporator (evaporator 84), arranged in the cooling space and configured to cool an airflow entering the cooling space to form a cooling airflow (airflow generated via fan 94); wherein the top cover does not completely shield an upper surface of the evaporator, a front section of the upper surface of the evaporator is not shielded by the top cover (see top & front section of 84, unshielded by 68), and a space between the top cover and the upper surface of the evaporator opposite to the top cover is filled with an air shield foam (foam insulation 86).
Allowable Subject Matter
Claims 2-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
