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 .
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.
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,259,176.
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 claim(s) in this application renders obvious the claim(s) in this application.
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, 3, 8-11, 13, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0055038 A1 (Gu).
With respect to claim 1: Gu discloses a refrigerator (refrigerator 1) comprising: a cabinet (main body 10) that defines a storage space (storage compartment 20); and a door (door 100) configured to open and close at least a portion of the storage space, wherein the door comprises: a frame assembly (door body 120) in which an insulator (insulator 129) is provided, the frame assembly comprising (i) a front frame (at least cover 140) and (ii) an upper frame (upper door cap 130) connected to an upper portion of the front frame ([0113]), and a panel assembly (door panel 110) detachably coupled to the frame assembly (at least Figs. 8-9) and configured to define an outer appearance of a front surface of the door (Fig. 2), the panel assembly comprising (i) a panel (panel body 111) and (ii) an upper bracket (fixing trim 117, may include adhesive 108) provided on an upper portion of a rear surface of the panel (at least Fig. 3), wherein, in a state in which a first portion of the panel assembly is supported on a first portion of the frame assembly (Fig. 8), a second portion of the panel assembly is connected to a second portion of the frame assembly (Fig. 9), wherein the upper bracket includes an upper coupling protrusion (upper trim protrusion 117b), and the upper frame includes an upper coupling portion (portion of upper door cap 130 connected to and/or receiving the upper trim protrusion) to receive the upper coupling protrusion (Fig. 9: upper coupling groove 132 is comprised in the claimed “upper coupling portion” and receives upper trim protrusion 117b), and wherein the door further comprises an upper coupling member (fixing member 134) that is coupled to the upper coupling protrusion of the upper bracket (received in upper trim hole 117c of the upper trim protrusion 117b) after passing through the upper coupling portion of the upper frame (Fig. 9).
With respect to claim 3: Gu discloses wherein the upper frame defines a recessed space (passing opening 133) having an open top surface (Figs. 3, 9), and the upper coupling portion is recessed toward the recessed space of the upper frame (Figs. 3, 9).
With respect to claim 8: Gu discloses a refrigerator (refrigerator 1) comprising: a cabinet (main body 10) that defines a storage space (storage compartment 20); and a door (door 100) configured to open and close at least a portion of the storage space, wherein the door comprises: a frame assembly (door body 120) in which an insulator (simulator 129) is provided, the frame assembly comprising (i) a front frame (at least cover 140), (ii) an upper frame (upper door cap 130) connected to an upper portion of the front frame ([0114]), and (iii) a cover (fixing member 134, disclosed as covering passing opening 133 @ [0112]) coupled to the upper frame, and a panel assembly (door panel 110) detachably coupled to the frame assembly (Figs. 8-9) and configured to define an outer appearance of a front surface of the door (Fig. 2), the panel assembly comprising (i) a panel (panel body 111) and (ii) an upper bracket (upper trim 117, may include adhesive 108) provided on an upper portion of a rear surface of the panel (Fig. 3), wherein, in a state in which a first portion of the panel assembly is supported on a first portion of the frame assembly (Fig. 8), a second portion of the panel assembly is connected to a second portion of the frame assembly (Fig. 9), wherein the upper bracket includes an insertion protrusion (upper trim protrusion 117b) extended rearward (Fig. 9), and the upper frame defines an insertion hole (front opening of upper coupling groove 132) that receives the insertion protrusion (Fig. 9), and wherein the cover includes a restriction protrusion (bottom or shaft portion of fixing member 134) coupled to the insertion protrusion in a state in which the insertion protrusion passes through the insertion hole (Fig. 9).
With respect to claim 9: Gu discloses wherein the upper frame defines a recessed portion (passing opening 133 and the interior space of upper coupling groove 132 – does not include the front opening of upper coupling groove 132) having an opened top surface and in communication with the insertion hole (Fig. 9).
With respect to claim 10: Gu discloses wherein a portion of the insertion protrusion is received in the recessed portion in a state in which the insertion protrusion passes through the insertion hole (Fig. 9: a portion of the upper trim protrusion 117b passes through the front opening of coupling groove 132 and is received in the coupling groove 132).
With respect to claim 11: Gu discloses wherein the portion of the insertion protrusion includes a through-hole (upper trim hole 117c) through which the restriction protrusion passes (Fig. 9).
With respect to claim 13: Gu discloses a refrigerator (refrigerator 1) comprising: a cabinet (main body 10) that defines a storage space (storage compartment 20); and a door (door 100) configured to open and close at least a portion of the storage space, wherein the door comprises: a frame assembly (door body 120) in which an insulator (insulator 129) is provided, the frame assembly comprising (i) a front frame (at least cover 140, chassis 121, and chassis 126), (ii) an upper frame (upper door cap 130) connected to an upper portion of the front frame, and (iii) a lower frame (lower door cap 136) connected to a lower portion of the front frame, and a panel assembly (door panel 110) detachably coupled to the frame assembly (Figs. 8-9) and configured to define an outer appearance of a front surface of the door (Fig. 2), wherein, in a state in which a first portion of the panel assembly is supported on a first portion of the frame assembly (Fig. 8), a second portion of the panel assembly is connected to a second portion of the frame assembly (Fig. 9), and wherein the panel assembly includes: a panel (panel body 111), a first fixing portion (upper trim 117 and adhesive 108) provided on a rear surface of the panel and coupled to the upper frame (Fig. 9), a second fixing portion (side trim 118) provided on the rear surface of the panel and coupled to the front frame (Fig. 10), and a third fixing portion (lower trim 116 and adhesive 108) provided on the rear surface of the panel and coupled to the lower frame (Fig. 8).
With respect to claim 17: Gu Fig. 18 discloses wherein the second fixing portion includes: a plate (side trim body 218a) attached to the rear surface of the panel, and a pair of hook members (first locking portion 218ba, second locking portion 218bb) provided on the plate.
With respect to claim 18: Gu Fig. 18 discloses wherein the frame assembly further includes a hook coupling portion (portion of chassis 121 receiving first locking portion 218ba, second locking portion 218bb) that is coupled to the front frame and the hook coupling portion receives the pair of hook members, the hook coupling portion including an inclined protrusion (chassis locking portion 125, chassis fixing portion 122 – both have inclined portions) coupled to each of the pair of hook members.
With respect to claim 19: Gu Fig. 15 discloses wherein the third fixing portion includes an insertion portion (lower trim 116, and the lower frame includes a recessed portion (portion between lower cap protrusion 139 and installation guide 137a, defines mounting space 139a) into which the insertion portion is inserted (lower trim protrusion 116b is inserted in this recessed portion).
With respect to claim 20: Gu Fig. 15 discloses wherein the insertion portion includes (i) a first extension portion (lower trim body 116a) extending from the panel and (ii) a second extension portion (lower trim protrusion 116b) that is bent from the first extension portion, and wherein the recessed portion includes a seating surface (front surface of lower cap protrusion 139) that supports the first extension portion.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0326119 A1 (Kim).
With respect to claim 8: Kim discloses a refrigerator (refrigerator 1) comprising: a cabinet (main body 10) that defines a storage space (storage compartment 20); and a door (door 100) configured to open and close at least a portion of the storage space, wherein the door comprises: a frame assembly (door body 120) in which an insulator (simulator 129) is provided, the frame assembly comprising (i) a front frame (at least cover 140), (ii) an upper frame (upper door cap 130) connected to an upper portion of the front frame ([0114]), and (iii) a cover (first fastening member 171, which covers hole 163 from above in Fig. 18) coupled to the upper frame, and a panel assembly (door panel 110) detachably coupled to the frame assembly (Figs. 17-18) and configured to define an outer appearance of a front surface of the door (Fig. 2), the panel assembly comprising (i) a panel (panel body 111) and (ii) an upper bracket (one of the first fixers 161) provided on an upper portion of a rear surface of the panel (Fig. 3), wherein, in a state in which a first portion of the panel assembly is supported on a first portion of the frame assembly (Fig. 17), a second portion of the panel assembly is connected to a second portion of the frame assembly (Fig. 18), wherein the upper bracket includes an insertion protrusion (bent portion 162a) extended rearward (Fig. 18), and the upper frame defines an insertion hole (front opening of coupling groove 132, aligns with the cutout 143 in cover body 141) that receives the insertion protrusion ([0120]; Figs. 3, 8, and 18), and wherein the cover includes a restriction protrusion (threaded shaft of first fastening member 171) coupled to the insertion protrusion in a state in which the insertion protrusion passes through the insertion hole (Fig. 18).
With respect to claim 9: Kim discloses wherein the upper frame defines a recessed portion (portion including through hole 133 and the internal space of coupling groove 132 – does not include the front opening of coupling groove 132) having an opened top surface and in communication with the insertion hole (Fig. 18).
With respect to claim 10: Kim discloses wherein a portion of the insertion protrusion is received in the recessed portion in a state in which the insertion protrusion passes through the insertion hole (Fig. 18: a portion of the bent portion 162a passes through the front opening of coupling groove 132 and is received in the coupling groove 132).
With respect to claim 11: Kim discloses wherein the portion of the insertion protrusion includes a through-hole (fixing hole 163) through which the restriction protrusion passes (Fig. 18).
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0055038 A1 (Gu) as applied to claims 1 and 3 above, and further in view of US 2020/0326119 A1 (Kim).
With respect to claim 2: Gu does not disclose “wherein the upper coupling portion includes an inclined surface that defines a screw hole through which the upper coupling member passes” as claimed.
Instead, Gu Fig. 9 shows the fixing member 134 passes through the passing opening 133 and into the upper trim hole 117c.
Kim Fig. 18 shows an alternative mounting means for the upper end of a door panel. A first fixer 161 is attached to the panel body 111, and is attached via screwing with a first fastening member 171. The first fixer 161 has a fixing hole 163, and the upper door cap 130 has a cap hole 132a. Holes 163 and 132a receive the threaded first fastening member 171. A first cap cover 134 sits in through hole 133 of the upper door cap 130, to thereby provide access to the first fastening member 171.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mounting means in Gu Fig. 9 to be the mounting means in Kim Fig. 18, because they are functionally-equivalent and known prior art structures used for the same task.
See the annotated image below, from Kim Fig. 18. In the modification, Kim Fig. 18 makes obvious wherein the upper coupling portion includes an inclined surface that defines a screw hole (cap hole 132a) through which the upper coupling member passes.
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With respect to claims 3-4: By making the same modification as in the rejection of claim 2 above, Kim Fig. 18 makes obvious “wherein the upper frame defines a recessed space (coupling groove 132) having an open top surface (open at through hole 133), and the upper coupling portion is recessed toward the recessed space of the upper frame” (claim 3) and “wherein the frame assembly further comprises a cover (first cap cover 134) that covers the recessed space in a state in which the upper coupling member is coupled to the upper coupling protrusion” (claim 4).
With respect to claim 5: See the annotated image above. By making the same modification as in the rejection of claim 2 above, Kim Fig. 18 makes obvious wherein the upper coupling protrusion includes a protrusion inclined surface that defines a screw hole (fixing hole 163) through which the upper coupling member passes.
With respect to claim 6: Gu, as modified, meets wherein the upper coupling protrusion further includes an evacuation portion (Kim’s locking protrusion 164) inclined downward from the protrusion inclined surface.
With respect to claim 7: Gu, as modified, meets wherein an inclination of the evacuation portion with respect to a horizontal plane (locking protrusion is about 90° from horizontal) is greater than an inclination of the protrusion inclined surface with respect to the horizontal plane (the left portion of the protrusion inclined surface is about 45° from horizontal, and the right portion is about 0° from horizontal).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0055038 A1 (Gu).
With respect to claim 14: Gu discloses wherein the first fixing portion includes a seating portion (upper trim protrusion 117b) that protrudes from the panel.
Gu does not disclose “and wherein the upper frame includes a panel support portion on which the seating portion is seated”.
See Gu Fig. 16. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Gu’s upper door cap 130 to have a portion on which the upper trim protrusion 117b is seated, in order to help support the weight of the door panel 110. The modified portion of door cap 130 that supports upper trim protrusion 117b is the claimed “panel support portion”.
Allowable Subject Matter
Claim(s) 12 and 15-16 is/are objected to as being dependent upon a rejected base claim, but would be allowable if 1) rewritten in independent form including all of the limitations of the base claim and any intervening claims, and 2) a Terminal Disclaimer is filed to overcome the double patenting rejections made above in this Office action.
Response to Arguments
The latest claim amendments do not overcome the double patenting rejections, which are maintained above in this Office action.
The prior art rejections in the previous Office action are no longer relied upon, thereby rendering moot the Applicant’s arguments thereagainst. The new prior art rejections made above in this Office action are necessitated by the latest claim amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637
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