CTNF 19/035,526 CTNF 88009 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. 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 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,774,164 and/or claims 1-20 of U.S. Patent No. 12,241,674 . Although the claims at issue are not identical, they are not patentably distinct from each other because the overlap in scope between the patented claims and the claims in this application render obvious the claims in this application. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities: In line 5, the recitation “door comprises” should be “door body comprises”. In line 19, the recitation “recessed bottom” should be “recessed from a bottom” or “recessed within a bottom” . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0055038 A1 (Lee) in view of CN 210119057 U (Wang) . With respect to claim 1 : Lee discloses a refrigerator (refrigerator 1) comprising: a cabinet (main body 10) that defines a storage space (compartment 20); and a door (door 100) comprising a door body (at least door body 120, case 150, door cap 130, door cap 136, and insulator 129) configured to open and close at least a portion of the storage space and a panel assembly (door panel 110’ and the components attached thereto) detachably disposed at the door body, wherein the door comprises: a door liner(door body 120 and/or case 150) that defines a rear surface of the door, a front plate (cover 140) disposed forward relative to the door liner, an upper cap decor (upper door cap 130) configured to be coupled to the door liner and an upper end of the front plate, a lower cap decor (lower door cap 136) configured to be coupled to the door liner and a lower end of the front plate, the lower cap decor comprising a protrusion (lower cap protrusion 139) that protrudes upward, and an insulator (insulator 129) provided in a space defined by the door liner, the front plate, the upper cap decor, and the lower cap decor, wherein the panel assembly comprises: a panel (door panel 110’) that defines an outer appearance of a front surface of the door, the panel being made of a metal material ([0136]) and comprising a lower bent portion (panel bent portion 111a’) at a lower end of the panel that is bent away from the front surface of the door (Fig. 15), and a lower bracket (at least lower trim 116, may include the adhesive 108 used to secure the trim 116 to panel 110’) provided at the lower end of the panel at a rear surface of the panel, the lower bracket defining an insertion portion (lower trim groove 116c) recessed bottom of the lower bracket. Lee does not disclose “wherein an opening is defined at the lower bent portion and provided below the insertion portion to overlap with the insertion portion, and wherein, in a state in which the panel assembly is coupled, the protrusion passes through the opening and is inserted into the insertion portion” as claimed. Wang shows it is known in the art for a metal panel (door panel 10) include a portion bent rearward and defining openings (fixing holes 12). The openings (fixing holes 12) are engaged by a plurality of protrusions (buckles 11) of the door body 2. While Wang’s fixing holes 12 and buckles 11 are along the upper portion of the door, and not the bottom portion of the door, it is obvious for such connection means to be used in various locations of a door. See Lee Fig. 15. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the panel bent portion 111a’ to extend further rearward and have openings (fixing holes 12) therein, and to have the added openings engaged by the lower cap protrusions 139, in order to more securely attach the door panel 110’ to the lower door cap 136. Such a modification meets wherein an opening (the added openings/fixing holes 12) is defined at the lower bent portion (formed in bent portion 111a’) and provided below the insertion portion to overlap with the insertion portion (below and overlapping lower trim groove 116c), and wherein, in a state in which the panel assembly is coupled, the protrusion (protrusion 139) passes through the opening (added opening/fixing hole 12) and is inserted into the insertion portion (trim groove 116c). With respect to claim 2 : Lee, as modified, meets wherein the protrusion extends above the opening (protrusion 139 extends above the added opening/fixing hole 12) and is configured to restrain by the opening and insertion portion to secure the panel (protrusion 139 is inside the added opening/fixing hole 12 and trim groove 116c, thereby restrained by such structures). With respect to claim 3 : Lee, as modified, meets wherein the lower bracket (trim 116 and adhesive 108) contacts the rear surface of the panel and the lower bent portion (Lee Fig. 15). With respect to claim 4 : Lee, as modified, meets wherein the lower bracket connects the rear surface of the panel (at adhesive 108) and a rear portion of the opening at the lower bent portion (see below). PNG media_image1.png 276 255 media_image1.png Greyscale PNG media_image2.png 416 355 media_image2.png Greyscale See the annotated images above. The image on the left shows the Applicant’s invention, where the lower bracket connects a rear portion of the opening at the lower bent portion. The image on the right shows how Lee, as modified, meets this limitation in the same way as the Applicant’s claimed invention. As modified, the bent portion 111a’ extends behind protrusion 139 and is contacted by the trim protrusion 116b. With respect to claim 5 : Lee, as modified, meets wherein the lower bracket supports from above both a front and rear of the lower bent portion based on the opening (trim 116 contacts from above the modified bent portion 111a’ both in front of and behind the protrusion 139 and added opening/fixing hole 12). See the annotated image above, on the right. With respect to claim 6 : Lee, as modified, meets wherein the lower bracket extends along a lower end of the panel (Fig. 15: trim 116 along a lower end of panel 110’), and the insertion portion is opened in a longitudinal direction (Fig. 3: groove 116c extends along the length of trim 116). With respect to claim 7 : See the annotated image below. Lee, as modified, meets wherein the lower bracket comprises: a first portion (portion left of the dashed line) coupled on the rear surface of the panel; and a second portion (portion right of the dashed line) protruding rearward from the first portion, and wherein the insertion portion (groove 116c) is provided at the second portion and opened facing the opening (downwards). PNG media_image3.png 266 238 media_image3.png Greyscale With respect to claim 8 : Lee, as modified, meets wherein the second portion protrudes rearward relative to the opening (similarly to protruding rearward of protrusion 139) and supports a rear end of the lower bent portion (contacts/supports bent portion 111a’ behind the protrusion 139 as shown in the annotated image in the rejection of claim 4). With respect to claim 9 : See the annotated image below. Lee, as modified, makes obvious wherein an area of an opened bottom surface of the insertion portion (indicated by outer dash-dot lines) is greater than an area of the opening (indicated by inner dotted lines). PNG media_image4.png 608 548 media_image4.png Greyscale In Lee Fig. 15, the bent portion 111a’ extends rearward toward protrusion 139 a beyond the body 116a by a very small amount. The modified bent portion 111a’, behind the protrusion 139, similarly extends forward toward protrusion 139 any amount beyond the tip of trim protrusion 116b. This makes groove 116c wider (of a greater area) than the added opening/fixing hole 12. With respect to claim 10 : Lee, as modified, does not meet “wherein the lower bracket is made of a plastic material” as claimed because Lee does not disclose the material of the trim 116. Lee [0162] discloses other trim 418 having different portions made of soft and hard PVC, which is a plastic material. Lee [0106] discloses the door caps 130, 136 made of ABS resin, which is a plastic material. Lee [0169] discloses trim 158 made of ABS resin. Wang discloses components made of plastic. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee’s trim 116 to be made of plastic, because plastics are known in the art for forming similar components. With respect to claim 11 : Lee, as modified, meets wherein the lower bracket is attached to the rear surface of the panel (via adhesive 108). With respect to claim 12 : See Applicant’s Fig. 34. Upper bent portion 1521 does not receive the fastening member. The claimed “fixed to the upper cap decor” does not require the upper bent portion to receive the fastening member. Lee, as modified, meets wherein the panel comprises an upper bent portion (upper bent portion 111a’) at the upper end of the panel that is bent rearward (Fig. 16), the upper bent portion being configured to become fixed to the upper cap decor based on a fastening member (fixing member 134) being inserted through the upper cap decor (through passing opening 133 of door cap 130). With respect to claim 13 : Lee, as modified, meets further comprising an upper bracket (trim 117) that is provided at the upper end of the panel at the rear surface of the panel (Lee Fig. 16), the upper bracket being configured to receive the fastening member (at trim hole 117c). With respect to claim 14 : Lee, as modified, meets wherein the lower cap decor includes a handle (first door handle 138) that is recessed upward from a bottom surface of the lower cap decor (door cap 136). See Lee Figs. 7 and 11. See Lee [0115]. With respect to claim 15 : Lee, as modified, meets wherein the panel comprises: a pair of side bent portions ([0140]: “the panel bent portions 111a’ of the left and right sides of the panel body 111’”) that are bent rearward from sides of the panel (also see Figs. 17-21); and a plurality of magnets (side trims 118’, disclosed as magnetic @ [0143]) coupled to the rear surface of the panel (using adhesive 108), at least one of the plurality of magnets being provided adjacent (adjacent: not distant, nearby) to each of the pair of side bent portions (Fig. 17). With respect to claim 16 : Lee, as modified, meets wherein the lower cap decor includes a lower support end (Fig. 15: portion of door cap 136 extending forward of installation guide 137a) extending forward (relative to guide 137a) and being configured to support a lower end of the panel assembly (supports lower bent portion 111a’). With respect to claim 17 : Lee, as modified, meets wherein the lower support end contacts the lower bent portion, and the protrusion upwardly protrudes from the lower support end (Lee Fig. 15). With respect to claim 18 : Applicant’s Fig. 36 shows lower support end 1445 extending between a front end of opening 1524 and a front surface of panel 152. Lee, as modified, meets wherein the lower support end extends between a front end of the opening and a front surface of the panel (Lee Fig. 15). This is in the same way as the Applicant’s invention. With respect to claim 19 : Lee, as modified, meets wherein the protrusion is one of a plurality of protrusions that are arranged along the lower support end (Lee Fig. 3 shows three spaced protrusions 139). With respect to claim 20 : Lee, as modified, meets wherein the panel assembly is configured to, based on the lower end of the panel assembly being coupled to the lower cap decor by the protrusion (moving in the direction of the arrow in Lee Fig. 11), be rotated toward the front plate (Lee [0128: “the door panel 110 may be rotated clockwise to be firstly coupled to the door body 120 as shown in FIG. 8”) to thereby bring an upper end of the panel assembly into contact with the upper cap decor (Fig. 16), and wherein the door further includes a fastening member (fixing member 134) that is inserted through the upper cap decor from an upper side of the upper cap decor (as indicated in Fig. 13) to thereby couple the upper end of the panel assembly to the upper cap decor (Fig. 16) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW ROERSMA/Primary Examiner, Art Unit 3637 Application/Control Number: 19/035,526 Page 2 Art Unit: 3637 Application/Control Number: 19/035,526 Page 3 Art Unit: 3637 Application/Control Number: 19/035,526 Page 4 Art Unit: 3637 Application/Control Number: 19/035,526 Page 5 Art Unit: 3637 Application/Control Number: 19/035,526 Page 6 Art Unit: 3637 Application/Control Number: 19/035,526 Page 7 Art Unit: 3637 Application/Control Number: 19/035,526 Page 8 Art Unit: 3637 Application/Control Number: 19/035,526 Page 9 Art Unit: 3637 Application/Control Number: 19/035,526 Page 10 Art Unit: 3637 Application/Control Number: 19/035,526 Page 11 Art Unit: 3637 Application/Control Number: 19/035,526 Page 12 Art Unit: 3637 Application/Control Number: 19/035,526 Page 13 Art Unit: 3637
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