DETAILED ACTION
Election/Restrictions
Claims 1-9, 17 & 25-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention [species], there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 24, 2026. It is noted that applicant withdrew Claims 1-9, while the examiner withdrew Claims 17 & 25-26 since Claims 17 & 25 read on the non-elected embodiment of Species B and Claim 26 reads on the non-elected embodiment of Species C.
Applicant's election with traverse of Species A in the reply is acknowledged. The traversal is on the ground(s) that prosecution of all the claims together would be most effective for the Office. This is not found persuasive because the requirement set forth a distinction between the varying inventions and a serious examination / search burden would exist if restriction were not required due to the different search query needed for each invention. Accordingly, the requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 26, 2025, was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “inner portion”, “outer portion”, “intermediate portion” & “engagement surface” [Claim 21] must be clearly shown / labeled within the drawings or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 16 & 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ekshinge et al., [US 2023/0078837] in view of Kang et al., [US 2021/0055039]. Ekshinge teaches of a refrigerator door (50), comprising: an inner liner (16) defining a first perimeter (viewed as the distance up to the liner flange (70) in a manner similar to applicant’s representation); an outer wrapper (14) defining a second perimeter (again, viewed as the distance up to the wrapper flange (70) in a manner similar to applicant’s representation) that is larger than the first perimeter (fig. 6), the outer wrapper extending along the inner liner (shown), wherein a wrapper flange (70) extends from the outer wrapper along the second perimeter; and a trim breaker (26) coupled to the inner liner proximate the first perimeter and the wrapper flange of the outer wrapper (fig. 6), the trim breaker defining an outer cavity (66) receiving the wrapper flange. Ekshinge teaches applicant’s basic inventive claimed door as outlined above, but does not show the inclusion of an internal spacer as prescribed by applicant. As to this feature, Kang is cited as an evidence reference for the known use of an internal spacer (30, 30/35’s) used in between interior and exterior walls (10, 20) of a refrigerator door (fig. 2) in an analogous art. As such, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Ekshinge so as to include an internal spacer between the first and second perimeters in view of Kang’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing a means by which deformation of the vacuumed space between the first and second perimeters would be reduced due to the structural support imparted by the spacer(s). As modified, the internal spacer would be disposed between the first and second perimeters and able to extend between the trim breaker and the outer wrapper (note figs. 2-4 of Kang), wherein the internal spacer would be spaced from the wrapper flange, and wherein the trim breaker and the outer wrapper are spaced by the internal spacer such that a gap interposes the outer cavity and a tip of the wrapper flange, the gap being defined in a direction substantially parallel to the wrapper flange (same direction as the flange and spacer). Regarding Claim 18, as modified, the internal spacer can define one or more channels when utilizing the (30, 35’s) embodiment (note fig. 4a of Kang for instance). Regarding Claim 19, as modified, the internal spacer surrounds a central interior space (18), and wherein the central interior space is vacuum sealed (it’s a vacuum insulated structure) and contains insulative material (54). Regarding claim 20, as modified, a peripheral interior space (can be viewed as any space bounded by a spacer and the wrapper flange) is defined between the internal spacer and the wrapper flange, and wherein the peripheral interior space is vacuum sealed and contains insulative material (54). Regarding Claim 21, again, Ekshinge teaches of a refrigerator panel (10), comprising: an inner liner (16) having a first perimeter (viewed as the distance up to the liner flange (70) in a manner similar to applicant’s representation); an outer wrapper (14) having a second perimeter (again, viewed as the distance up to the wrapper flange (70) in a manner similar to applicant’s representation), wherein the outer wrapper includes: an inner face portion (viewed as the portion facing upward in the orientation as shown in fig. 6) extending along and spaced from the inner liner, wherein the inner face portion is substantially orthogonal to a thickness direction of the refrigerator panel (shown); and a wrapper flange (70) extending along the second perimeter, wherein the wrapper flange extends at least partially orthogonally relative to the inner face portion (shown); and a trim breaker (26) coupled to the inner liner proximate the first perimeter and the outer wrapper proximate the second perimeter, wherein the trim breaker, the inner liner, and the outer wrapper at least partially define a cavity (18) containing insulative material (54), wherein the trim breaker spans a gap (viewed as the upper right gap as shown in fig. 6 orientation) between the inner liner and the wrapper flange, and wherein the trim breaker includes: an inner portion (portion along (68)), wherein the trim breaker is coupled to the inner liner at the inner portion; an outer portion defining a cavity (portion along (66)), wherein the cavity extends into the trim breaker to a recessed surface (interior surface), wherein the outer wrapper extends into the cavity, and wherein a terminal end (end of (70)) of the outer wrapper is separated from the recessed surface by a gap; and an intermediate portion (such as the portion connecting both the inner and outer portions (fig. 6) disposed between the inner portion and the outer portion, wherein the intermediate portion includes an engagement surface (such as the horizontal surface to the left of (66) for instance as shown in fig. 6) that is spaced from the inner face portion of the outer wrapper in the thickness direction of the refrigerator panel. Ekshinge teaches applicant’s basic inventive claimed door as outlined above, but does not show the inclusion of a spacing feature as prescribed by applicant. As to this feature, Kang is cited as an evidence reference for the known use of an internal spacer (30, 30/35’s) used in between interior and exterior walls (10, 20) of a refrigerator door (fig. 2) in an analogous art. As such, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Ekshinge so as to include an internal spacer between the first and second perimeters in view of Kang’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing a means by which deformation of the vacuumed space between the first and second perimeters would be reduced due to the structural support imparted by the spacer(s). As modified, a space between the outer wrapper and the trim breaker at the engagement surface, taken in the thickness direction, would be maintained by the spacing feature. The spacing feature extending between the outer wrapper and the trim breaker at the engagement surface at least partially in the thickness direction would maintain the gap between the terminal end of the wrapper flange and the recessed surface of the trim breaker. Regarding Claim 22, as modified, the inner liner includes: a second inner face portion (viewed as the portion facing downward in the orientation as shown in fig. 6) that is substantially parallel planar to the inner face portion of the outer wrapper; and a liner flange (70) extending along the first perimeter of the inner liner, wherein the liner flange extends at least partially orthogonally relative to the second inner face portion, and wherein the inner liner is coupled to the trim breaker at the liner flange (shown). Regarding Claim 23, as modified, an adhesive material (defined as an adhesive or other binding member) disposed within the cavity defined by the outer portion of the trim breaker, wherein the adhesive material fills the gap between the terminal end of the wrapper flange and the recessed surface of the cavity, thereby intercoupling the outer wrapper at the wrapper flange and the trim breaker at the outer portion (shown – fig. 6). Regarding Claim 24, as modified, the spacing feature is at least one distinct spacer (such as (30) for instance).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure – see the attached Form PTO-892 showing various refrigerator panel / door assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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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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JOH
October 14, 2026
/James O Hansen/Primary Examiner, Art Unit 3637
