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 .
This is the First Office action on the Merits from the examiner in charge of this application.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0108392 to Hong et al (hereinafter Hong).
Hong discloses (Claim 1). A refrigerator 1,1’ comprising (such as shown in Figs. 1-29): a main body 10 including a first storeroom and a second storeroom formed under the first storeroom; a first door 20,20a,20b arranged to open or close the first storeroom and including: a first door body 40 (Figs. 3-4) having a first upper cap 42 and a first lower cap 44, a first panel 50,50c (Figs. 3, 10-11) detachably coupled to a front side of the first door body 40 and having an upper trim 53 at an upper portion of the first panel, and a first fixer 424d (Figs. 14 & 25), and a second door 20c,30 arranged to open or close the second storeroom and including: a second door body 40 having a second upper cap 42 and a second lower cap 44, a second panel 50b,50d detachably coupled to a front side of the second door body 40 and having a lower trim 54 at a lower portion of the second panel, and a second fixer 545b (Fig. 17), and wherein a lower portion of the first panel 50,50c is coupled to the first lower cap 44 (Fig. 16), the first fixer 424d is inserted into the upper trim 53 of the first panel downward through the first upper cap 42 (Figs. 14 & 25), an upper portion of the second panel 50b,50d is coupled to the second upper cap 42 (Fig. 13), and the second fixer 545b is inserted into the lower trim 54 of the second panel upward through the second lower cap 44 (Fig. 17).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12259179. This is a statutory double patenting rejection.
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 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11280542. Although the claims at issue are not identical, they are not patentably distinct from each other because each discloses a refrigerator comprising: a main body including a first storeroom and a second storeroom formed under the first storeroom; a first door arranged to open or close the first storeroom and including: a first door body having a first upper cap and a first lower cap, a first panel detachably coupled to a front side of the first door body and having an upper trim at an upper portion of the first panel, and a first fixer, and a second door arranged to open or close the second storeroom and including: a second door body having a second upper cap and a second lower cap, a second panel detachably coupled to a front side of the second door body and having a lower trim at a lower portion of the second panel, and a second fixer, and wherein a lower portion of the first panel is coupled to the first lower cap, the first fixer is inserted into the upper trim of the first panel downward through the first upper cap, an upper portion of the second panel is coupled to the second upper cap, and the second fixer is inserted into the lower trim of the second panel upward through the second lower cap; wherein a handle is formed on each of a bottom side of the first door body and a top side of the second door body.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11428457. Although the claims at issue are not identical, they are not patentably distinct from each other because each discloses a refrigerator comprising: a main body including a first storeroom and a second storeroom formed under the first storeroom; a first door arranged to open or close the first storeroom and including: a first door body having a first upper cap and a first lower cap, a first panel detachably coupled to a front side of the first door body and having an upper trim at an upper portion of the first panel, and a first fixer, and a second door arranged to open or close the second storeroom and including: a second door body having a second upper cap and a second lower cap, a second panel detachably coupled to a front side of the second door body and having a lower trim at a lower portion of the second panel, and a second fixer, and wherein a lower portion of the first panel is coupled to the first lower cap, the first fixer is inserted into the upper trim of the first panel downward through the first upper cap, an upper portion of the second panel is coupled to the second upper cap, and the second fixer is inserted into the lower trim of the second panel upward through the second lower cap; wherein a handle is formed on each of a bottom side of the first door body and a top side of the second door body.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-9, and 12 of U.S. Patent No. 11313612. Although the claims at issue are not identical, they are not patentably distinct from each other because each discloses a refrigerator comprising: a main body including a first storeroom and a second storeroom formed under the first storeroom; a first door arranged to open or close the first storeroom and including: a first door body having a first upper cap and a first lower cap, a first panel detachably coupled to a front side of the first door body and having an upper trim at an upper portion of the first panel, and a first fixer, and a second door arranged to open or close the second storeroom and including: a second door body having a second upper cap and a second lower cap, a second panel detachably coupled to a front side of the second door body and having a lower trim at a lower portion of the second panel, and a second fixer, and wherein a lower portion of the first panel is coupled to the first lower cap, the first fixer is inserted into the upper trim of the first panel downward through the first upper cap, an upper portion of the second panel is coupled to the second upper cap, and the second fixer is inserted into the lower trim of the second panel upward through the second lower cap; wherein a handle is formed on each of a bottom side of the first door body and a top side of the second door body.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11047613. Although the claims at issue are not identical, they are not patentably distinct from each other because each discloses a refrigerator comprising: a main body including a first storeroom and a second storeroom formed under the first storeroom; a first door arranged to open or close the first storeroom and including: a first door body having a first upper cap and a first lower cap, a first panel detachably coupled to a front side of the first door body and having an upper trim at an upper portion of the first panel, and a first fixer, and a second door arranged to open or close the second storeroom and including: a second door body having a second upper cap and a second lower cap, a second panel detachably coupled to a front side of the second door body and having a lower trim at a lower portion of the second panel, and a second fixer, and wherein a lower portion of the first panel is coupled to the first lower cap, the first fixer is inserted into the upper trim of the first panel downward through the first upper cap, an upper portion of the second panel is coupled to the second upper cap, and the second fixer is inserted into the lower trim of the second panel upward through the second lower cap; wherein a handle is formed on each of a bottom side of the first door body and a top side of the second door body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and shows structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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HVT
June 1, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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