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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "cold air transmission unit" in claims 1-20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The “cold air transmission unit” is sufficiently described in the specification as a fan or damper (see page 3 and claim 2).
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.
Claim(s) 1-3, 5-19, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung (KR 20180061753 A) and in view of Rajan (US 2018/0187916 A1).
In regards to claims 1 and 3, Chung teaches a method for controlling a refrigerator (refrigerator, fig. 1 and paragraphs 12, 63-65) based on a first reference temperature and a second reference temperature (see abstract and paragraph 13) that is less than the first reference temperature (see second reference temperature lower than first reference temperature, abstract and paragraph 13), the method comprising:
determining when a temperature of a storage compartment (freezer or refrigerator compartment) becomes equal to or less than the second reference temperature (see paragraphs 13);
turning off a cold air transmission unit repeatedly (turning off cold air supply fan 26 and motor 25, see paragraphs 13 and 169) and operating a cold air generator with a first cooling power (compressor operated at reduced power consumption or low output, see paragraphs 53-54), which is previously determined, when determined temperature of a storage compartment has repeatedly become equal to or less than the second reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches turning cold air supply fan 26 off, when the temperature of the storage room is equal to or less than the second reference temperature, see paragraphs 169, 133 and 13);
determining when the temperature of the storage compartment becomes equal to or greater than the first reference temperature (see paragraphs 13);
turning on the cold air transmission unit and operating the cold air generator with the first cooling power (compressor operated at reduced power consumption, see paragraphs 53-54), when determined that the temperature of storage compartment has become equal to or greater than the first reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches operating cold air supply fan 26, when the temperature of the storage room is greater than the first reference temperature, see paragraphs 13, 96);
calculating, by a controller (control unit 50), an operating ratio/period of time of the cold air transmission fan unit (see operating time of the fan, paragraph 131; Also see damper opening degree paragraph 51) while operating the cold air generator with the first cooling power (compressor operated at reduced power consumption, see paragraphs 53-54), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (see paragraphs 13, 177), and
determining a second cooling power of the cold air generator (see paragraphs 90, 206) based on the operating ratio of the cold air transmission unit (based on the opening degree of the damper, see paragraph 51); and operating the cold air generator compressor with the determined second cooling power (compressor operated at least at or near maximum output power based on damper opening degree, see paragraphs 89-91 and 206; Also see maximum output, paragraph 145).
However, Chung does not explicitly teach operating the compressor based on operating ratio of fan ON time and OFF time.
Rajan discloses a controller for controlling a refrigeration cycle (see figs. 1 and 6); the controller calculating an operating ratio of the cold air transmission fan unit based on an ON time and an OFF time of the cold air transmission fan unit (calculating fan ON and OFF cycle, see figs. 2 and step 610, fig. 6), while operating the cold air generator compressor with the first cooling power (while compressor is operated continuously, see paragraphs 34 and 61), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (steps 610, 612, 614 of fan cycle calculation and compressor operation follow the temperature measurement step of 606, fig. 6 and paragraph 58), and determining a second cooling power of the cold air generator based on the operating ratio of the cold air transmission unit (compressor operation at demand/minimum speeds for set period of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64); and operating the cold air generator with the determined second cooling power (compressor operated at demand/minimum/medium speeds for set periods of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64; wherein the variable compressor speeds indicate compressor operating at different cooling powers, figs. 3-6); or
the operating ratio of the cold air transmission unit is determined based on a ratio of an ON time to a sum of the ON time and the OFF time of the cold air transmission fan unit (fan cycle times of 1000 seconds, 150 seconds, and 100 seconds include the combined ON and OFF times of the fan, see figs. 2 and paragraphs 34-36; and fan ON and OFF time is compared with threshold ON and OFF time of the fan, see fig. 6 and paragraphs 61-62).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to calculate an operating ratio of the cold air transmission fan unit based on an ON time and an OFF time of the cold air transmission fan unit while operating the cold air generator with the first cooling power, upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature, and determine and operate the cold air generator compressor with the second cooling power, wherein the determination of the second cooling power of the cold air generator compressor is based on the operating ratio of the cold air transmission unit based on the teachings of Rajan in order to maintain accurate temperatures with a refrigerator compartment without reducing the service life of the fan and compressor by cycling ON and OFF the fan and compressor (see paragraphs 3-4, Rajan).
In regards to claim 2, Chung as modified teaches the limitations of claim 1 and further discloses that the cold air generator includes a compressor (compressor 21), and wherein the cold air transmission unit includes at least one of a cooling fan which operates to provide cold air heat-exchanged with an evaporator (airflow passing over evaporator 24, see paragraphs 64-65) to the storage compartment (fan 26, see paragraphs 65-67, 70-74) or a damper (damper 12) which opens or closes a passage for providing the cold air to the storage compartment (damper opening degree controlled, see paragraphs 66-68 and 73-74).
In regards to claim 5, Chung as modified teaches the limitations of claim 1 and Rajan further discloses that the calculated operating ratio is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and wherein the controller determines the second cooling power of the cold air generator based on a difference between a previous operating ratio of the cold air transmission unit and the current operating ratio of the cold air transmission fan unit (controller 150 configured to adjust compressor operation speed for set time based on fan cycle times changing based on previous ambient temperature condition and current ambient temperature condition, see paragraphs 61-63, wherein the fan cycle threshold time is set based on previous ambient condition and the current fan cycle time is compared to the fan cycle threshold time of previous ambient condition, see fig. 6; Also compressor speed determination for set runtime is based on set fan cycle times, new fan cycle times and comparison of fan cycle times with threshold values, see fig. 6).
In regards to claim 6, Chung as modified teaches the limitations of claim 5 and Rajan further discloses that the controller determines the second cooling power of the cold air generator to be different from the first cooling power (various compressor operating speeds at various runtimes, see fig. 6) when an absolute value of the difference between the previous operating ratio and the current operating ratio is equal to or greater than a first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed different than minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64), and wherein the controller determines the second cooling power of the cold air generator to be maintained at the first cooling power when the absolute value of the difference between the previous operating ratio and the current operating ratio is less than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum speed or maintain the compressor speed when the current fan cycle time compared to the new cycle time is less than second threshold time, see fig. 6 and paragraphs 62-63).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to determine the second cooling power of the cold air generator compressor to be different from or same as the first cooling power based on the difference/absolute difference between previous operating ratio and current operating ratio being equal/greater/less than a first reference value based on the teachings of Rajan in order to improve and maintain efficiency of the compressor in handling variable load by adjusting compressor speed over time as per fan cycling between ON and OFF states, which relies on the available ambient condition (see paragraphs 2-6, Rajan).
In regards to claim 7, Chung as modified teaches the limitations of claim 6 and Rajan further discloses that the controller determines the second cooling power of the cold generator compressor to be increased relative to the first cooling power (medium/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6) when the difference between the previous operating ratio and the current operating ratio is less than zero, and when the absolute value of the difference between the previous operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times of 120 seconds and 300 seconds is below zero and which allows the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and
wherein the controller determines the second cooling power of the cold air generator to be decreased relative to the first cooling power (see reduced/minimum compressor operating speed from 64 Hz to 56 Hz, 38 Hz, 34Hz or 22 Hz, figs. 3-6 at various runtimes) when the difference between the previous operating ratio and the current operating ratio is greater than zero (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced speed when fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 seconds, is greater than zero, see fig. 4A and paragraph 50), and when the absolute value of the difference between the previous operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced speed when fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 {1000-160 = 840 seconds} is greater than the second threshold value of 120 seconds, see figs. 4-6 and paragraph 47).
In regards to claim 8, Chung as modified teaches the limitations of claim 6 and Rajan further discloses that the controller determines the second cooling power of the cold generator compressor to be increased or decreased relative to the first cooling power by a first level (medium/maximum/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6), when the absolute value of the difference between the previous operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and less than a second reference value (compressor operated at step 620 based on fan cycle time being less than first threshold value at step 612, fig. 6) which is greater than the first reference value (see first threshold value of 300 seconds being greater than the second threshold value of 120 seconds, paragraphs 61-62), and
wherein the controller determines the second cooling power of the cold air generator to be increased or decreased relative to the first cooling power by a second level (see reduced/medium/minimum compressor operating speed from 64 Hz to 56 Hz, 38 Hz, 34 Hz, 26Hz or 22 Hz, figs. 3-6 at various runtimes), which is greater than the first level (increase/decrease of 18 Hz or 8 Hz compared to 8 Hz or 4 Hz between second and first levels), when the absolute value of the difference between the previous operating ratio and the current operating ratio is equal to or greater than the second reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced/demand/maximum speed when the fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 {1000-160 = 840 seconds} is greater than the first threshold value of 300 seconds, see figs. 4-6 and paragraph 47).
In regards to claim 9, Chung as modified teaches the limitations of claim 1 and Rajan further discloses that the calculated operating ratio is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and wherein the controller determines the second cooling power of the cold air generator based on a difference between a reference operating ratio and the current operating ratio of the cold air transmission fan unit (controller 150 configured to adjust compressor operation speed for set time based on fan cycle times changing based on set ambient temperature condition and current ambient temperature condition, see paragraphs 61-63, wherein the fan cycle threshold time is set based on previous ambient condition and the current fan cycle time is compared to the fan cycle threshold time of previous ambient condition, see fig. 6; Also compressor speed determination for set runtime is based on set fan cycle times, new fan cycle times and comparison of fan cycle times with threshold values, see fig. 6).
In regards to claim 10, Chung as modified teaches the limitations of claim 9 and Rajan further discloses that the controller determines the second cooling power of the cold generator compressor to be increased or decreased relative to the first cooling power (medium/maximum/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6), when an absolute value of the difference between the reference operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and
wherein the controller determines the second cooling power of the cold air generator to be maintained at the first cooling power when the absolute value of the difference between the reference operating ratio and the current operating ratio is less than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum speed or maintain the compressor speed when the current fan cycle time compared to the new cycle time is less than second threshold time, see fig. 6 and paragraphs 62-63).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to determine the second cooling power of the cold air generator compressor to be different from or same as the first cooling power based on the difference/absolute difference between reference operating ratio and current operating ratio being equal/greater/less than a first reference value based on the teachings of Rajan in order to improve and maintain efficiency of the compressor in handling variable load by adjusting compressor speed over time as per fan cycling between ON and OFF states, which relies on the available ambient condition (see paragraphs 2-6, Rajan).
In regards to claim 11, Chung as modified teaches the limitations of claim 10 and Rajan further discloses that the controller determines the second cooling power of the cold generator compressor to be increased relative to the first cooling power (medium/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6) when the difference between the reference operating ratio and the current operating ratio is less than zero, and the absolute value of the difference between the reference operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times of 120 seconds and 300 seconds is below zero and which allows the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and
wherein the controller determines the second cooling power of the cold air generator to be decreased relative to the first cooling power (see reduced/minimum compressor operating speed from 64 Hz to 56 Hz, 38 Hz, 34Hz or 22 Hz, figs. 3-6 at various runtimes) when the difference between the reference operating ratio and the current operating ratio is greater than zero (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced speed when fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 seconds, is greater than zero, see fig. 4A and paragraph 50), and when the absolute value of the difference between the reference operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced speed when fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 {1000-160 = 840 seconds} is greater than the second threshold value of 120 seconds, see figs. 4-6 and paragraph 47).
In regards to claim 12, Chung as modified teaches the limitations of claim 6 and Rajan further discloses that the controller determines the second cooling power of the cold generator compressor to be increased or decreased relative to the first cooling power by a first level (medium/maximum/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6), when the absolute value of the difference between the reference operating ratio and the current operating ratio is equal to or greater than the first reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and less than a second reference value (compressor operated at step 620 based on fan cycle time being less than first threshold value at step 612, fig. 6) which is greater than the first reference value (see first threshold value of 300 seconds being greater than the second threshold value of 120 seconds, paragraphs 61-62), and
wherein the controller determines the second cooling power of the cold air generator to be increased or decreased relative to the first cooling power by a second level (see reduced/medium/minimum compressor operating speed from 64 Hz to 56 Hz, 38 Hz, 34 Hz, 26Hz or 22 Hz, figs. 3-6 at various runtimes), which is greater than the first level (increase/decrease of 18 Hz or 8 Hz compared to 8 Hz or 4 Hz between second and first levels), when the absolute value of the difference between the reference operating ratio and the current operating ratio is equal to or greater than the second reference value (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Rajan teaches operating compressor at minimum/reduced/demand/maximum speed when the fan cycle time difference between line 403 and 402, which a difference between 1000 seconds and 160 {1000-160 = 840 seconds} is greater than the first threshold value of 300 seconds, see figs. 4-6 and paragraph 47).
In regards to claim 13, Chung as modified teaches the limitations of claim 1 and further discloses that the controller (50) determines the second cooling power of the cold air generator compressor (cooling output P2-P8 of the compressor controlled by controller 50, see paragraphs 109-110, 145 and 67-70) based on a first factor (P2 based on first temperature factor, see paragraphs 95 and 100; Also see outputs P3, P5 and P7 based on output P2, paragraphs 109-111), which is based on the previous operating output (P1, see paragraph 100-101), and a second factor (see outputs P3, P5 and P7 based on outputs P2, P4, P6, paragraphs 109-111; Also see based on the opening degree of the damper, see paragraph 51), which is a difference between a reference/previous cooling output and the current output of the fan/damper (new cooling output based on the average of previous outputs, which include a difference between current and previous cooling outputs of the cold supply means, which include the fan and the damper, see paragraphs 23, 112 and 129).
However, Chung does not explicitly teach that the second cooling power is based on comparison of fan operating ratio of multiple cycles.
Rajan further discloses that the calculated operating ratio is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and that the controller (150) determines the second cooling power of the cold air generator compressor based on a first factor (medium/maximum/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6), see figs. 1 and 6, based on first/second cycle time threshold, see figs. 3-6) which is a difference between a previous operating ratio of the cold air transmission fan unit and the current operating ratio of the cold air transmission fan unit (operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than first threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 614 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and
a second factor (second/first cycle time threshold, see figs. 3-6) which is a difference between a reference operating ratio and the current operating ratio of the cold air transmission fan unit (operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to determine the second cooling power of the cold air generator compressor based on first and second factors, where first and factors are a difference between a previous operating ratio of the cold air transmission fan unit and the current operating ratio of the cold air transmission fan unit and a difference between a reference operating ratio and the current operating ratio of the cold air transmission fan unit, respectively, based on the teachings of Rajan in order to improve and maintain efficiency of the compressor in handling variable load by adjusting compressor speed over time as per fan cycling between ON and OFF states, which relies on the available ambient condition (see paragraphs 2-6, Rajan).
In regards to claim 14, Chung as modified teaches the limitations of claim 13 and further discloses determining, by the controller (50), whether to increase, maintain or decrease the second cooling power of the cold air generator compressor (determine the new output of the compressor as the average of the previous outputs, which would be maintaining/decreasing the precious outputs, by controller 50, see paragraphs 128-129). In addition, Rajan teaches determining, by the controller, whether to increase, maintain, or decrease the second cooling power of the cold air generator compressor (compressor operated at the modified medium speed for desired runtime at step 620, fig. 6) by combining a result from the first factor with a result from the second factor (compressor speed selected at steps 618 or 620 based on both first and second threshold comparisons at steps 612 and 616, see fig. 6), after determining the second cooling power of the cold air generator based on the first factor and the second factor determining the cooling power of the cold air generator (see fig. 6).
In regards to claim 15, Chung teaches a method for controlling a refrigerator (refrigerator, fig. 1 and paragraphs 12, 63-65) including a first storage compartment (freezer 111), a second storage compartment (refrigerator compartment 112) to receive cold air from the first storage compartment (cold air guided from freezer to refrigerator compartment, see paragraph 48), a temperature sensor to sense a temperature of the second storage compartment (freezer temperature sensor 41, see paragraph 69), a cooling fan (fan 26) to supply the cold air heat exchanged with an evaporator (airflow passing over evaporator 24, see paragraphs 64-65) to the second storage compartment from the first storage compartment (fan see paragraph 48), and a compressor (compressor, see paragraph 49) to cool the first storage compartment (see paragraphs 232, 45-50 and 64-67), the method comprising:
turning off a cold air transmission fan (turning off cold air supply fan 26 and motor 25, see paragraphs 13 and 169) and operating the compressor with a first cooling power (compressor operated at reduced power consumption or low output, see paragraphs 53-54), which is previously determined, when a temperature of the second storage compartment is equal to or less than a second reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches turning cold air supply fan 26 off, when the temperature of the storage room is equal to or less than the second reference temperature, see paragraphs 169, 133 and 13) that is less than a first reference temperature (second reference temperature lower than first reference temperature, abstract and paragraph 13);
determining when the temperature of the second storage compartment (freezer compartment) becomes equal to or greater than the first reference temperature (see paragraphs 13);
turning on the cold air transmission fan and operating the compressor with the first cooling power (compressor operated at reduced power consumption, see paragraphs 53-54), when the temperature of second storage compartment is equal to or greater than the first reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches operating cold air supply fan 26, when the temperature of the storage room is greater than the first reference temperature, see paragraphs 13, 96);
determining when the temperature of the second storage compartment (freezer compartment) is equal to or less than the second reference temperature (see paragraphs 13);
calculating, by a controller (control unit 50), an operating ratio/period of time of the cold air transmission fan (see operating time of the fan, paragraph 131; Also see damper opening degree paragraph 51) while operating the compressor with the first cooling power (compressor operated at reduced power consumption, see paragraphs 53-54), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (see paragraphs 13, 177), and
determining a second cooling power of the cold air generator (see paragraphs 90, 206) based on the operating ratio of the cold air transmission unit (based on the opening degree of the damper, see paragraph 51); and operating the cold air generator compressor with the determined second cooling power (compressor operated at least at or near maximum output power based on damper opening degree, see paragraphs 89-91 and 206; Also see maximum output, paragraph 145).
However, Chung does not explicitly teach operating the compressor based on operating ratio of fan ON time and OFF time.
Rajan discloses a controller for controlling a refrigeration cycle (see figs. 1 and 6); the controller calculating an operating ratio of the cold air transmission fan unit based on an ON time and an OFF time of the cold air transmission fan unit (calculating fan ON and OFF cycle, see figs. 2 and step 610, fig. 6), while operating the cold air generator compressor with the first cooling power (while compressor is operated continuously, see paragraphs 34 and 61), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (steps 610, 612, 614 of fan cycle calculation and compressor operation follow the temperature measurement step of 606, fig. 6 and paragraph 58), and determining a second cooling power of the cold air generator based on the operating ratio of the cold air transmission unit (compressor operation at demand/minimum speeds for set period of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64); and operating the cold air generator with the determined second cooling power (compressor operated at demand/minimum/medium speeds for set periods of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64; wherein the variable compressor speeds indicate compressor operating at different cooling powers, figs. 3-6).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to calculate an operating ratio of the cold air transmission fan unit based on an ON time and an OFF time of the cold air transmission fan unit while operating the cold air generator with the first cooling power, upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature, and determine and operate the cold air generator compressor with the second cooling power, wherein the determination of the second cooling power of the cold air generator compressor is based on the operating ratio of the cold air transmission unit based on the teachings of Rajan in order to maintain accurate temperatures with a refrigerator compartment without reducing the service life of the fan and compressor by cycling ON and OFF the fan and compressor (see paragraphs 3-4, Rajan).
In regards to claim 16, Chung as modified teaches the limitations of claim 15 and further discloses that the first storage compartment is a freezing compartment (freezer 111), and the second storage compartment is a refrigerating compartment (refrigerator compartment 112, see fig. 1 and paragraphs 12, 63-65). In addition, Rajan discloses that the operating ratio of the cold air transmission unit is determined based on a ratio of an ON time to a sum of the ON time and the OFF time of the cold air transmission fan unit (fan cycle times of 1000 seconds, 150 seconds, and 100 seconds include the combined ON and OFF times of the fan, see figs. 2 and paragraphs 34-36; and fan ON and OFF time is compared with threshold ON and OFF time of the fan, see fig. 6 and paragraphs 61-62).
In regards to claim 17, Chung as modified teaches the limitations of claim 15 and Rajan further discloses that the calculated operating ratio of the cooling fan is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and wherein the controller determines the second cooling power of the compressor based on a difference between a previous operating ratio of the cooling fan and the current operating ratio of the cooling fan (controller 150 configured to adjust compressor operation speed for set time based on fan cycle times changing based on previous ambient temperature condition and current ambient temperature condition, see paragraphs 61-63, wherein the fan cycle threshold time is set based on previous ambient condition and the current fan cycle time is compared to the fan cycle threshold time of previous ambient condition, see fig. 6; Also compressor speed determination for set runtime is based on set fan cycle times, new fan cycle times and comparison of fan cycle times with threshold values, see fig. 6).
In regards to claim 18, Chung as modified teaches the limitations of claim 15 and Rajan further discloses that the calculated operating ratio of the cooling fan is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and wherein the controller determines the second cooling power of the compressor based on a difference between a reference operating ratio and the current operating ratio of the cooling fan (controller 150 configured to adjust compressor operation speed for set time based on fan cycle times changing based on set ambient temperature condition and current ambient temperature condition, see paragraphs 61-63, wherein the fan cycle threshold time is set based on set ambient condition and the current fan cycle time is compared to the fan cycle threshold time of previous ambient condition, see fig. 6; Also compressor speed determination for set runtime is based on set fan cycle times, new fan cycle times and comparison of fan cycle times with threshold values, see fig. 6).
In regards to claim 19, Chung as modified teaches the limitations of claim 15 and further discloses that the controller (50) determines the second cooling power of the cold air generator compressor (cooling output P2-P8 of the compressor controlled by controller 50, see paragraphs 109-110, 145 and 67-70) based on a first factor (P2 based on first temperature factor, see paragraphs 95 and 100; Also see outputs P3, P5 and P7 based on output P2, paragraphs 109-111), which is based on the previous operating output (P1, see paragraph 100-101), and a second factor (see outputs P3, P5 and P7 based on outputs P2, P4, P6, paragraphs 109-111; Also see based on the opening degree of the damper, see paragraph 51), which is a difference between a reference/previous cooling output and the current output of the fan/damper (new cooling output based on the average of previous outputs, which include a difference between current and previous cooling outputs of the cold supply means, which include the fan and the damper, see paragraphs 23, 112 and 129).
However, Chung does not explicitly teach that the second cooling power is based on comparison of fan operating ratio of multiple cycles.
Rajan further discloses that the calculated operating ratio is a current operating ratio (fan cycle times calculated for current conditions, see figs. 2-5), and that the controller (150) determines the second cooling power of the cold air generator compressor based on a first factor (medium/maximum/demand compressor operating speeds at various runtimes above the minimum compressor speed, see fig. 6; Also see 22 Hz to 26 Hz, 34Hz, 38 Hz, 56 Hz or 64 Hz, figs. 3-6), see figs. 1 and 6, based on first/second cycle time threshold, see figs. 3-6) which is a difference between a previous operating ratio of the cold air transmission fan and the current operating ratio of the cold air transmission fan (operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than first threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 614 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64), and
a second factor (second/first cycle time threshold, see figs. 3-6) which is a difference between a reference operating ratio and the current operating ratio of the cold air transmission fan (operating compressor at demand/medium speed above the minimum speed when fan cycle time is greater than second threshold time, see 616-620 fig. 6 and paragraphs 63-64; wherein the difference between the fan cycle times allow the compressor to operate at step 620 at a speed above the minimum speed for a desired runtime, see figs. 6 and paragraphs 62-64).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to determine the second cooling power of the cold air generator compressor based on first and second factors, where first and factors are a difference between a previous operating ratio of the cold air transmission fan unit and the current operating ratio of the cold air transmission fan unit and a difference between a reference operating ratio and the current operating ratio of the cold air transmission fan unit, respectively, based on the teachings of Rajan in order to improve and maintain efficiency of the compressor in handling variable load by adjusting compressor speed over time as per fan cycling between ON and OFF states, which relies on the available ambient condition (see paragraphs 2-6, Rajan).
In regards to claim 21, Chung teaches a method for controlling a refrigerator (refrigerator, fig. 1 and paragraphs 12, 63-65) comprising a compressor (21), and a cooling fan (26) which operates to provide cold air heat-exchanged with an evaporator (airflow across evaporator 24 by operating fan 26, see fig. 1 and paragraphs 64-65) to a storage compartment (to cool storage compartments 111, 112, see paragraphs 64-67 and fig. 1) based on a first reference temperature and a second reference temperature (see abstract and paragraph 13) that is less than the first reference temperature (see second reference temperature lower than first reference temperature, abstract and paragraph 13), the method comprising:
upon determining that a temperature of the storage compartment is equal to or greater than the first reference temperature (see temperature of the storage above reference temperature, paragraph 13), operating the cooling fan at a first reference speed (operating cold air supply fan 26, when the temperature of the storage room is greater than the first reference temperature, see paragraphs 13, 96) in a state in which the compressor operates (compressor operated at reduced power consumption, see paragraphs 53-54);
turning off the cooling fan (turning off cold air supply fan 26 and motor 25, see paragraphs 13 and 169) and operating the compressor at a first cooling power (compressor operated at reduced power consumption or low output, see paragraphs 53-54) when the temperature of the storage compartment is repeatedly equal to or less than the second reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches turning cold air supply fan 26 off, when the temperature of the storage room is equal to or less than the second reference temperature, see paragraphs 169, 133 and 13);
determining when the temperature of the storage compartment becomes equal to or greater than the first reference temperature (see temperature of the storage above reference temperature, paragraph 13), the first reference temperature being higher than the second reference temperature (see second reference temperature lower than first reference temperature, abstract and paragraph 13);
turning on the cooling fan and operating the fan at a second reference speed (controlling the fan speed or rotation rate differently at each compressor power level, see paragraphs 70-75, 84, 87, 90 and 53-54) and operating the compressor at a first cooling power (compressor operated at reduced power consumption or low output, see paragraphs 53-54) when the temperature of the storage compartment is repeatedly equal to or greater than the first reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches turning cold air supply fan 26 on at a maximum or below maximum power level, when the temperature of the storage room is above reference temperature, paragraphs 13, 70, 73-77);
determining when the temperature of the storage compartment is repeatedly equal to or less than the second reference temperature (determining temperature of the storage room is equal to or less than the second reference temperature, see paragraphs 169, 133 and 13);
calculating, by a controller (control unit 50), an operating ratio/period of time of the cooling fan (see operating time of the fan, paragraph 131; Also see damper opening degree paragraph 51), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (see paragraphs 13, 177), and turning off the cooling fan (turning off cold air supply fan 26 and motor 25, see paragraphs 13, 133 and 169) in a state in which an operation of the compressor is maintained at a first cooling power (compressor operated at reduced power consumption or low output, see paragraphs 53-54);
when the temperature of the storage compartment is repeatedly equal to or greater than the first reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches turning cold air supply fan 26 on at a maximum or below maximum power level, when the temperature of the storage room is above reference temperature, paragraphs 13, 70, 73-77), turning on the cooling fan and operating the fan at third reference speed different from at least one of the first or second reference speeds (controlling the fan speed or rotation rate differently at each compressor power level, see paragraphs 70-75, 84, 87, 90 and 53-54, where the fan operation at maximum or below maximum power levels are different from each power level);
upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Chung teaches determining that temperature of the storage room is equal to or less than the second reference temperature, see paragraphs 177, 169, 133 and 13), calculating an operating ratio/period of time of the cooling fan (see operating time of the fan, paragraph 131; Also see damper opening degree paragraph 51);
determining the cooling power of the compressor to be a second power (see paragraphs 206 and figs. 1-15, where cooling power of the compressor is readjusted to different levels) based on the operating ratio of the cold air transmission damper unit (based on the opening degree of the damper, see paragraph 51); and operating the compressor with the determined second cooling power (compressor operated at least at or near maximum output power based on damper opening degree, see paragraphs 89-91 and 206; Also see maximum output, paragraph 145).
However, Chung does not explicitly teach operating the compressor based on operating ratio of fan ON time and OFF time.
Rajan discloses a controller for controlling a refrigeration cycle (see figs. 1 and 6); the controller calculating an operating ratio of the cold air transmission fan unit based on an ON time and an OFF time of the cold air transmission fan unit (calculating fan ON and OFF cycle, see figs. 2 and step 610, fig. 6), while operating the cold air generator compressor with the first cooling power (while compressor is operated continuously, see paragraphs 34 and 61), upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature (steps 610, 612, 614 of fan cycle calculation and compressor operation follow the temperature measurement step of 606, fig. 6 and paragraph 58), and determining a second cooling power of the cold air generator based on the operating ratio of the cold air transmission unit (compressor operation at demand/minimum speeds for set period of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64); and operating the cold air generator with the determined second cooling power (compressor operated at demand/minimum/medium speeds for set periods of time based on fan cycle time being greater/or less than first/second threshold times, see steps 612-620, fig. 6 and paragraphs 61-64; wherein the variable compressor speeds indicate compressor operating at different cooling powers, figs. 3-6); or
the operating ratio of the cold air transmission unit is determined based on a ratio of an ON time to a sum of the ON time and the OFF time of the cold air transmission fan unit (fan cycle times of 1000 seconds, 150 seconds, and 100 seconds include the combined ON and OFF times of the fan, see figs. 2 and paragraphs 34-36; and fan ON and OFF time is compared with threshold ON and OFF time of the fan, see fig. 6 and paragraphs 61-62).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have reprogrammed the controller of the method of Chung to calculate an operating ratio of the cooling fan based on an ON time and an OFF time of the cooling fan while operating the compressor at a cooling power, upon determining that the temperature of the storage compartment is equal to or less than the second reference temperature, and determine and operate the cold air generator compressor with the second cooling power, wherein the determination of the second cooling power of the cold air generator compressor is based on the operating ratio of the cold air transmission unit based on the teachings of Rajan in order to maintain accurate temperatures with a refrigerator compartment without reducing the service life of the fan and compressor by cycling ON and OFF the fan and compressor (see paragraphs 3-4, Rajan).
In regards to claim 22, Chung as modified teaches the limitations of claim 21 and Rajan further discloses that at least one of the first reference speed, the second reference speed or the third reference speed is varied at least one time (operating speed of the fan is varied at least once by increasing, decreasing and varying fan speeds, see paragraphs 22, 31-32 and figs. 2)
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive. In response to applicant's argument, "Chung does not teach turning off the cold air transferring means and operating cold air supplying means at determined output, when the temperature becomes equal to less than the second reference," examiner maintains the rejection of independent claims and points out that the contingent limitations (mostly if or when statements) in a method claim do not positively recite the claimed limitations because the limitations of operating the fan or the compressor at different powers or speeds when another condition such as temperature being equal to or being below the second reference occur, the claims are positively reciting the limitations such as turning off the fan only when the conditions occur and not outside the conditions. Hence all of the contingent limitations of the independent method claims are interpreted under this guidance of the MPEP (see 2111.04, MPEP). Even though the above contingent limitations are interpreted under 2111.04 section of the MPEP, all of the contingent limitations and their respective conditions have been addressed by the combination of Chung in view of Rajan in the rejection of claims. In addition, the independent claims do not contain the terms “cold air supplying means,” rather the claims include a “cold air generator”. Therefore, applicant’s argument recording contingent limitations is not found persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument, "Rajan does not cure the deficiencies of Chung,” examiner maintains the rejection of claims and points out that Rajan is not used to teach the conditional statements of the claims. Chung teaches that compressor, evaporator fan or the damper are referred to as cool air supply means (see paragraph 53, Chung) and Rajan teaches varying and controlling the speed or frequency of the compressor based on the ON and OFF cycling duration of the fan, therefore, one of skill in the art would be motivated to modify the Chung reference based on the teachings of Rajan to calculate the operating ratio of the fan/damper (openings or ON state of the damper or fan) based on an ON time and an OFF time of the fan for the advantage of maintaining accurate temperatures with a refrigerator compartment without reducing the service life of the fan and compressor by cycling ON and OFF the fan and compressor (see paragraphs 3-4, Rajan). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument, "Chung and Rajan are non-analogous technologies because Chung relates to a refrigerator and Rajan relates to an HVAC system,” examiner maintains the rejection of claims and points out that both Chung and Rajan include refrigeration circuits and operational control of similar components of the refrigeration circuits such as compressor and fan while maintaining desired temperatures within the enclosed spaces. Therefore, applicant’s argument is not found persuasive.
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 MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
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