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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/11/2025 has been entered.
Status
This Office Action is in response to the remarks and amendments filed 12/11/2025. The 35 U.S.C. 112(b) rejections set forth in the previous Office Action have been withdrawn in light of the amendments filed. The objections to the specifications have been withdrawn in light of the amendments filed. Claims 1-22 remain pending for consideration on the merits.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20220011035 A1, hereinafter “Lee”), as cited in the IDS provided by Applicant, and further in view of Kawai et al. (KR 20110011510 A, hereinafter “Kawai”).
Regarding Claim 1, Lee teaches a refrigerator [10; Fig. 1], comprising:
a freezer compartment [21];
a refrigerator compartment disposed at a side of the freezer compartment [22; ¶ 0043];
a flow path duct assembly [100 in combination with 300] that is disposed at a rear of the refrigerator compartment and defines a cold air flow path [¶ 0051];
a grille fan assembly [210] disposed at a rear of the freezer compartment [¶ 0056; Figs. 2-3]; and
a supply duct assembly [arbitrary portion of duct 200 between grille fan 210 and duct 300] configured to supply cold air from the grille fan assembly to the flow path duct assembly [¶ 0057-0063; Figs. 3-5], the supply duct assembly having (i) a first side in fluid communication with the flow path duct assembly and (ii) a second side in fluid communication with the grille fan assembly [¶ 0057-0064 Fig. 5; duct 300 connects freezer duct 200 and fridge duct 100, wherein cold air is conveyed from the grille fan 210 towards 300 through a portion of 200],
wherein the flow path duct assembly comprises a flow path duct cold air inlet [left side of 300] that is depressed to fluidly communicate with the supply duct assembly [¶ 0064-0068; Figs. 5-7; duct 300 is depressed to have a hollow path therethrough, conveying air from 200 to 100 in an upwards direction],
wherein a portion of the cold air flow path is exposed to and open at an upper portion of the flow path duct cold air inlet [¶ 0060; 0064-0073; Figs. 5-7; apparent from inspection that duct 300 directs air in in upward direction relative to the lowered left side, therefore providing that flow path is exposed to an upper portion; Lee further specifies that duct 100 is on an upper portion of the refrigerator, therefore reinforcing that the duct 300 is directed in an upward manner, relative to the freezer duct 200 which is not described to be on the upper portion of the refrigerator]; and
wherein the flow path duct assembly further comprises a plurality of walls that define the flowpath duct cold air inlet and that block a lower portion of the cold air flow path [¶ 0064-0073; Figs. 5-8; the plurality of walls making up 300 may be considered part of the flowpath duct cold air inlet, wherein it is apparent from inspection in the isometric view of Fig, 5 that the duct 300 is providing airflow in the upwards direction, thereby necessarily blocking a lower portion of airflow].
While Lee broadly teaches the disclosed structure, in the event that Applicant disagree with the Examiner’s interpretation, in the interest of compact prosecution, an alternative interpretation is provided in view of Kawai to further teach wherein the flow path duct assembly comprises a flow path duct cold air inlet that is depressed to fluidly communicate with the supply duct assembly, wherein a portion of the cold air flow path is exposed to and open at an upper portion of the flow path duct cold air inlet; and wherein the flow path duct assembly further comprises a plurality of walls that define the flowpath duct cold air inlet and that block a lower portion of the cold air flow path.
Specifically, Kawai teaches a refrigerator [1] comprising a refrigerating chamber [2] and a freezing chamber [3] having a cold air flow path [cooling compartment 8] to convey air towards a fan cover [70] [Figs. 8-13; ¶ 0056-0058]. The fan cover acts as an inlet for an intake duct [13], configured to direct the air from the cooler [7] towards either of the compartments to be cooled [¶ 0041-0043; See at least Figs. 4 and 9; apparent from inspection of airflow arrows in compartment ducts 11 and 12]. It is further apparent from inspection of Fig. 9 that the cover 70 is depressed to communicate the airflow in an upwards direction, such that a plurality of walls in the depression block airflow from flowing in the downwards direction. Kawai discloses that the depressed/concave cover provides an expanded air passage for the conveying air, which thereby passes the air more smoothly through the outlet opening towards the chambers [¶ 0057-0058]. One of ordinary skill in the art could have combined the depressed flow path duct cold air inlet as claimed by known methods and that in combination, the depressed flow path duct cold air inlet would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the depressed/concave cover provides an expanded air passage for the conveying air, which thereby passes the air more smoothly through the outlet opening towards the chambers, thereby improving the system [¶ 0057-0058].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Lee to have wherein the flow path duct assembly comprises a flow path duct cold air inlet that is depressed to fluidly communicate with the supply duct assembly, wherein a portion of the cold air flow path is exposed to and open at an upper portion of the flow path duct cold air inlet; and wherein the flow path duct assembly further comprises a plurality of walls that define the flowpath duct cold air inlet and that block a lower portion of the cold air flow path, in view of the teachings of Kawai where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. the depressed/concave cover provides an expanded air passage for the conveying air, which thereby passes the air more smoothly through the outlet opening towards the chambers, thereby improving the system.
Regarding Claim 2, Lee teaches the refrigerator of claim 1 above and Kawai teaches wherein the plurality of walls surround the flow path duct cold air inlet [13] [Figs. 4 and 9; apparent from inspection], the plurality of walls comprising:
a lower side wall [Figs. 4 and 9; bottom portion of 13 touching 76], the lower side wall comprising a first inclination wall and a second inclination wall that protrude in the downward direction [Fig. 13; apparent from inspection that 70 is made from a plurality of wall surfaces protruding in a downward direction].
a first side wall that extends from the first inclination wall in the upward direction [Fig. 13; see left or right side of portion 70] and
a second side wall that extends from the second inclination wall in the upward direction and faces the first inclination wall [Fig. 13; see left or right side of portion 70].
Regarding Claim 3, Lee teaches the refrigerator of claim 1 above and Kawai teaches wherein the flow path duct assembly further comprises a step part disposed below the flow path duct cold air inlet [Fig. 13; apparent from inspection that a plurality of wall portions step up from the bottom of 70 up towards the outlet near the top portion of 70].
Regarding Claim 4, Lee teaches the refrigerator of claim 2 above and Lee teaches wherein the flow path duct assembly further comprises a first cold air guide part [Fig. 4; duct 15] that defines a first region at an upper area of the flow path duct assembly [Fig. 4 apparent from inspection of airflow arrows directing through 15], and
wherein the first cold air guide part has a first wall and a second wall, the second wall corresponding to the first side wall of the flow path duct cold air inlet [Fig. 4; apparent from inspection that duct 15 shares common walls with inlet duct 13]
Regarding Claim 5, Lee teaches the refrigerator of claim 4 above and Kawai teaches wherein the flow path duct assembly further comprises a first cold air outlet [15] configured to supply cold air to the refrigerator compartment [¶ 0046; Fig. 4; apparent from inspection], and
wherein the first cold air outlet is disposed at upper portions of the first cold air guide part and the flow path duct cold air inlet [Fig. 4; apparent from inspection port 15 is higher than 13 and 4 or 5], the first cold air outlet being spaced apart from the first cold air guide part and the flow path duct cold air inlet [Figs. 4; apparent from inspection, they are at least separated by duct path].
Regarding Claim 6, Lee teaches the refrigerator of claim 5 above and Kawai teaches wherein the flow path duct assembly further comprises a second cold air guide part [¶ 0100-0102; Fig. 4; at least 4c and 5c] that defines a second region at a lower portion of the first cold air guide part [Fig. 4; apparent from inspection 4c and 5c are below 15], the second cold air guide part being spaced apart from the first cold air guide part [Figs. 5-7; apparent from inspection, they are individual components].
Regarding Claim 7, Lee teaches the refrigerator of claim 6 above and Kawai teaches wherein the cold air flow path comprises:
a first cold air flow path [Fig. 9; rightmost arrow directing upwards] configured to guide cold air from the flow path duct cold air inlet to the first cold air outlet along the second wall of the first cold air guide part [¶ 0046; figs. 4 and 9; apparent from inspection];
a second cold air flow path [Fig. 9; leftmost arrow] branched from the first cold air flow path and configured to guide cold air along an upper side wall of the first cold air guide part, the first wall of the first cold air guide part, and a first wall of the second cold air guide part [¶ 0130-0131; Figs. 4 and 9; air may flow through damper 50 towards duct 12, sharing common chronological walls with air path in duct 13, then outputting from at least 4c or 5c],
and Lee teaches a first subsidiary cold air outlet [130] defined at a side of the first cold air outlet [Lee ¶ 0073-0074; Figs. 5-8];
a third cold air flow path [170] branched from the second cold air flow path [F3] and configured to guide cold air to the first subsidiary cold air outlet [¶ 0073-0074]; and
a fourth cold air flow path [170 flowing towards 140] branched from the second cold air flow path and configured to guide cold air along a second wall of the second cold air guide part [¶ 0073-0075; Figs. 5-8; ductwork for path 170 may be considered part of the second cold air guide part].
Regarding Claim 8, Lee teaches the refrigerator of claim 7 above and Lee teaches wherein the second cold air guide part is configured to:
guide a first amount of cold air along the first wall of the second cold air guide part [¶ 0073-0075; Fig. 5; a first portion of air flows through port 130]; and
guide a second amount of cold air along the second wall of the second cold air guide part, the first amount of cold air being greater than the second amount of cold air [¶ 0073-0075; Fig. 5; a second portion of air flows through port 140; the amount flowing through 140 is necessarily less than the amount flowing from 130 because both outlets are supplied via path 170 and outlet 130 is the closer ductwork in series, when considering the nature of the prior art].
Regarding Claim 9, Lee teaches the refrigerator of claim 5 above and Kawai teaches wherein the first cold air outlet, the first cold air guide part, and the flow path duct cold air inlet are arranged along an up-down direction [¶ 0100-0103; Figs. 4 and 9; apparent from inspection that rightmost arrow path is provided in the upwards direction].
Regarding Claim 10, Lee teaches the refrigerator of claim 5 above and Kawai teaches wherein the first cold air guide part comprises a subsidiary cold air guide part [at least 2c] disposed at an upper side of the first cold air guide part, the subsidiary cold air guide part comprising a third inclination wall and a fourth inclination wall that protrude in the upward direction [Fig. 2; apparent from inspection that 2c extends from the first guide part an comprises further walls to direct the air in an upwards direction,
wherein the fourth inclination wall is disposed closer to the flow path duct cold air inlet [150] than the third inclination wall [Fig. 2; any arbitrary wall portion between 2c and 20 may satisfy the limitation], and
wherein a length of the third inclination wall is greater than a length of the fourth inclination wall [Fig. 2; any arbitrary wall portion between 2c and 20 may satisfy the limitation].
Regarding Claim 11, Lee teaches the refrigerator of claim 7 above and Kawai teaches wherein the second cold air guide part comprises a lower side extension part [at least 5c] that extends from a lower side of the second cold air guide part in the downward direction [¶ 0091-0094; Figs. 2 and 3; apparent from inspection],
wherein a width of the lower side extension part decreases as the lower side extension part extends in the downward direction [Fig. 4; apparent from inspection that the lower most section of 5c contains a more narrow pathways than that of the other 5c outlet disposed directly above],
wherein the lower side extension part defines a curved surface that is curved about a curvature center at one side of the lower side extension part [Fig. 4; apparent from inspection that portion 5c curves/bends relative to the duct direction], and
wherein the second cold air flow path extends along the curved surface of the lower side extension part [¶ 0094; apparent from inspection].
Regarding Claim 12, Lee teaches the refrigerator of claim 1 above and Lee teaches wherein the supply duct assembly comprises:
a supply duct cold air outlet [end portion of 200] that is defined at the first side of the supply duct assembly and in fluid communication with the flow path duct cold air inlet [300] [Fig. 5; apparent from inspection]
a supply duct cold air inlet [left side of 300; Fig. 5] that is defined at the second side of the supply duct assembly and is in fluid communication with the grille fan assembly [¶ 0064; duct 300 connects ducts 100 and 200, therefore communicating with 210]; and
a first lower side inclination part [bottom of duct 300] disposed at a lower side of the supply duct cold air outlet [Fig. 5; walls of duct 300 are inclined], and
wherein an open area of the supply duct assembly decreases along the first lower side inclination part from the second side of the supply duct assembly toward the first side of the supply duct assembly [Fig. 5; apparent from inspection].
Claims 13-22 are rejected under 35 U.S.C. 103 as being unpatentable over Lee and Kawai as applied to claims 1 and 12 above, and further in view of Lee et al. (US 20200284493 A1, hereinafter “Lee 493”), as cited in the IDS provided by Applicant.
Regarding Claim 13, Lee teaches the refrigerator of claim 12 above but Lee does not teach wherein the supply duct assembly further comprises a second lower side inclination part disposed at the lower side of the supply duct cold air, wherein the second lower side inclination part is disposed closer to the second side of the supply duct assembly than the first lower side inclination part, wherein the open area of the supply duct assembly increases along the second lower side inclination part from the second side of the supply duct assembly toward the first lower side inclination part.
However, Lee 493 teaches a refrigerator [Fig. 2] comprising a freezing compartment [20], a refrigerating compartment [30] [¶ 0055] and a supply duct [400; ¶ 0071; Fig. 5]. The supply duct [Fig. 9] comprises a first side [connected with 30] and a second side [connected with 20] wherein the lower wall potions of the supply duct comprise a first inclination part [bottom wall closer to 30] and a second inclination wall [bottom wall closer to 20]. Upon inspection of Fig. 9, it is apparent that the angle of the second inclination wall is greater than the angle of the above wall. Therefore, the area between the second inclination wall and the above wall is increasing from left to right (or from the second side to the first lower side inclination part). One of ordinary skill in the art could have combined the second lower side inclination part as claimed by known methods and that in combination, the second lower side inclination part would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable. Specifically, the limitation is considered an obvious design choice regarding a change in shape [MPEP 2144.04 IV.B] because the limitation does not appear to impact the operation of the device in a significant manner. After review of the specification, no criticality regarding the open area of the duct pertaining the second lower inclination part could be found. Therefore one of ordinary skill in the art would have modified the supply duct assembly as claimed if they had a reason to do so at the time of design, absent of persuasive evidence that the particular configuration of the claimed invention was significant.
Regarding Claim 14, Lee teaches the refrigerator of claim 12 above and Lee teaches wherein the supply duct assembly further comprises a jaw part that is disposed at an upper side of the supply duct cold air outlet [Fig. 5; apparent from inspection [For clarity, the jaw part is interpreted as a portion of the supply duct assembly connecting to the flow path duct assembly].
Lee does not teach wherein the open area of the supply duct assembly decreases along the jaw part from the first side of the supply duct assembly toward the second side of the supply duct assembly.
However, Lee 493 teaches a refrigerator [Fig. 2] comprising a freezing compartment [20], a refrigerating compartment [30] [¶ 0055] and a supply duct [400; ¶ 0071; Fig. 5]. The supply duct [Fig. 9] comprises a first side [connected with 30] and a second side [connected with 20] wherein the first side comprises a jaw [right side of duct 410b in Fig. 9] making up a portion of duct unit [410b]. Upon inspection of Fig. 9, it is apparent that the duct decreases in area moving from the jaw (right side of the duct) toward the second side of the supply duct (left side). One of ordinary skill in the art could have combined the open area of the supply duct as claimed by known methods/techniques and that in combination, the open area of the supply duct would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable. Specifically, the limitation is considered an obvious design choice regarding a change in shape [MPEP 2144.04 IV.B] because the limitation does not appear to impact the operation of the device in a significant manner. After review of the specification, no criticality regarding the open area of the duct pertaining to the jaw part could be found. Therefore one of ordinary skill in the art would have modified the supply duct assembly as claimed if they had a reason to do so at the time of design, absent of persuasive evidence that the particular configuration of the claimed invention was significant.
Regarding claim 15, Lee teaches the refrigerator of claim 12 above but Lee does not teach wherein the supply duct assembly further comprises:
a supply duct connection part disposed between the supply duct cold air outlet and the supply duct cold air inlet; and
an upper side drawn part recessed from an upper side of the supply duct connection part toward the open area of the supply duct assembly.
However, Lee 493 teaches a refrigerator [Fig. 2] comprising a freezing compartment [20], a refrigerating compartment [30] [¶ 0055] and a supply duct [400; ¶ 0071; Fig. 5]. The supply duct [Fig. 9] comprises a first side [connected with 30] and a second side [connected with 20] wherein the supply duct may be coupled to the inner case 11 and coupled to the inner case 12 [¶ 0071; Fig. 9]. Upon inspection of Figs. 5 and 6a, it appears that the duct is connecting to the plurality of compartments via the frame, thus the frame of the duct is considered to be the supply duct connection part. Furthermore, it is apparent from inspection of Fig. 9 that the frame of duct 410 appears to have an upper side drawn part recessed from the frame towards the open are of the duct assembly. One of ordinary skill in the art could have combined the supply duct connection part as claimed by known methods and that in combination, the supply duct connection part would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. a supply duct connection part provides a means to couple a supply duct to a plurality of refrigerating/freezing compartments, thereby enabling the transfer of cold air between said compartments and improving the system [¶ 0071].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Lee to have wherein the supply duct assembly further comprises: a supply duct connection part disposed between the supply duct cold air outlet and the supply duct cold air inlet; and an upper side drawn part recessed from an upper side of the supply duct connection part toward the open area of the supply duct assembly, in view of the teachings of Lee 493 where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. a supply duct connection part provides a means to couple a supply duct to a plurality of refrigerating/freezing compartments, thereby enabling the transfer of cold air between said compartments and improving the system.
Regarding claim 16, Lee, as modified, teaches the refrigerator of claim 15 above and Lee 493 wherein the supply duct assembly further comprises a lower side drawn part [Fig. 9; bottom portion of 410 directly adjacent to 412] recessed from a lower side of the supply duct connection part toward the open area of the supply duct assembly [Fig. 9; apparent from inspection that a bottom portion of frame 410, directly right of 412, inclines toward the open area, then downwards, thus defining a lower side drawn part], and
wherein the upper side drawn part and the lower side drawn part is offset from each other in a direction toward the first or second side of the supply duct assembly [Fig. 9; apparent from inspection that the first and second drawn parts to not overlap in the horizontal direction].
Regarding Claim 17, Lee teaches the refrigerator of claim 1 above but Lee does not teach wherein the grille fan assembly comprises a damper configured to selectively block cold air from being supplied to the supply duct assembly, the damper comprising: a damper case that defines a damper passage hole configured to provide cold air to the supply duct assembly; a damper door disposed at a first surface of the damper case and configured to open and close the damper passage hole, the first surface of the damper case facing an inside of the grille fan assembly; and a damper operation motor disposed at the damper case and configured to operate the damper door to open and close the damper passage hole, and wherein the damper door is configured to open or close the damper passage hole in a direction toward the inside of the grille fan assembly.
However, Lee 493 teaches a refrigerator [Fig. 2] comprising a freezing compartment [20], a refrigerating compartment [30] [¶ 0055] and a grill fan assembly [250] [¶ 0065] with at least one damper [600] configured to open or close the cooling air duct supply [400] [¶ 0068; Fig 7a-b]. The damper comprising a damper case [410a] defining a passage for cold air into the supply duct [400], and a damper door [412], wherein both the door and the case are facing the fan [¶ 0071]. Lee 493 also teaches driver [620] configured to drive the door, wherein the door opens in a direction towards the fan [¶ 0085; See closed and opened in Figs. 7a-7b]. Lee 493 teaches that a plurality of dampers may prevent cooling air from being additionally supplied to cooling compartments in order to help maintain compartments at predetermined temperatures [¶ 0083]. One of ordinary skill in the art could have combined the damper as claimed by known methods and that in combination, the damper would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. dampers may prevent cooling air from being additionally supplied to cooling compartments in order to help maintain compartments at predetermined temperatures [¶ 0083].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Lee to have wherein the grille fan assembly comprises a damper configured to selectively block cold air from being supplied to the supply duct assembly, the damper comprising: a damper case that defines a damper passage hole configured to provide cold air to the supply duct assembly; a damper door disposed at a first surface of the damper case and configured to open and close the damper passage hole, the first surface of the damper case facing an inside of the grille fan assembly; and a damper operation motor disposed at the damper case and configured to operate the damper door to open and close the damper passage hole, and wherein the damper door is configured to open or close the damper passage hole in a direction toward the inside of the grille fan assembly, in view of the teachings of Lee 493 where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. dampers may prevent cooling air from being additionally supplied to cooling compartments in order to help maintain compartments at predetermined temperatures.
Regarding Claim 18, Lee, as modified, teaches the refrigerator of claim 17 above and Lee 493 teaches wherein an uppermost end of the damper passage hole [upper portion of damper 600; Fig. 7a] is disposed lower than an uppermost end of the flow path duct cold air inlet [419] [Fig. 7a; apparent from inspection that uppermost portion of section 419 is above the uppermost portion of damper 600].
Regarding Claim 19, Lee, as modified, teaches the refrigerator of claim 17 above and Lee 493 teaches wherein the damper door is configured to rotate about a rotation shaft [630] to thereby open and close the damper passage hole [¶ 0085; Fig. 7a], and wherein the supply duct assembly defines a supply duct cold air inlet [412] that faces the damper passage hole [Fig. 7a] and extends in a direction parallel to the rotation shaft [¶ 0071; Fig. 7a; apparent from inspection that damper passage hole is defined by the supply duct cold air inlet].
Regarding Claim 20, Lee, as modified, teaches the refrigerator of claim 17 above and Lee 493 teaches wherein the grille fan assembly further comprises a first damper cover [Fig. 7a; upper portion of 410a] and a second damper cover [lower portion of 410a] that surround the damper [Fig. 7a; apparent from inspection],
wherein the damper door is configured to be opened in a direction toward the first damper cover [¶ 0071; Fig. 6a; the damper necessarily opens towards the cover because the cover surrounds the door on all sides; see Fig. 610a showing 410a fully disposed within port 418], and
wherein the first damper cover comprises a damper cover step part configured to overlap with at least a portion of the damper door based on the damper door being opened [Fig. 7a; apparent from inspection, 410a extends below driver 620, in step, and overlaps with door 610].
Regarding Claim 21, Lee, as modified, teaches the refrigerator of claim 20 above and Lee 493 teaches wherein the grille fan assembly defines:
a second cold air flow path [air flowing from case 11 towards inlet 412 via fan 250; ¶ 0071] configured to communicate cold air between the damper door and the second damper cover [Fig 7a; air naturally flows between the open door and the second damper cover as the damper cover surrounds the door]; and
a third cold air flow path [air flowing through the open door 610] configured to communicate cold air between the damper door and the damper cover step part [Fig. 7a; apparent from inspection that the door and airflow is disposed between step part], and
wherein the damper passage hole is configured to transmit the cold air blown through the second cold air flow path and the third cold air flow path to the supply duct assembly [¶ 0071].
Regarding Claim 22, Lee, as modified teaches the refrigerator of claim 20 above and Lee 493 teaches wherein the second damper cover has a first inclination surface [Fig. 7a; lower portion of 410a below door 610] that is disposed at a lower area of the second damper cover and in contact with a lower side of the damper [Fig. 7a; apparent from inspection], the first inclination surface being inclined toward the grille fan assembly [Fig. 7a; apparent from inspection].
Response to Arguments
On pages 9-12 of the remarks, Applicant argues that the prior art, as cited, does not teach the limitation as amended. Applicant’s arguments have been considered but are moot because the current rejection does not rely on the same exact interpretations and prior arts relied upon in the previous Office Action. Firstly, the prior art, Lee, may be reinterpreted to meet the limitations of independent claim 1 according to the broadest reasonable interpretation. However, in the interest of compact prosecution, additional prior art has been incorporated to more accurately reject the claims as they pertain to the invention itself. Specifically, the amendments overcame the previous 102 rejection, however additional prior art Kawai has been incorporated. Accordingly, the claims currently remain rejected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH S MYERS whose telephone number is (571)272-5102. The examiner can normally be reached 8:00-4:00.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
/KEITH STANLEY MYERS/Examiner, Art Unit 3763