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 .
Status
This Office Action is in response to the remarks and amendments filed on 02/20/2026. Claims 21, 23, 27-28, 33, 36, 42-46, and 48-50 remain pending for consideration.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21, 23, 27-28, 33, 36, 42-46, and 48-50 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US20160273823A1, herein after referred to as Cho), in view of Lee et al. (KR20110097014A, herein after referred to as Lee), in view of Park et al. (US20180187946A1, herein after referred to as Park), in view of Won-Bok (KR19980050616A), and in further view of Iwamoto et al (US 20170176084 A1, herein after referred to as Iwamoto).
Regarding claim 21, Cho teaches a refrigerator (refrigerator 1 Fig. 1) comprising: a cabinet (body 10 Fig. 1) comprising a refrigerating compartment (storage compartment 23 Fig. 3 and paragraph [0040]) and a freezing compartment (first storage compartment 21 Fig. 3 and paragraph [0040]); an evaporator (evaporator 59 Fig. 3) that faces the freezing compartment (Fig. 3) and is configured to cool air (paragraph [0050]); a shroud (first plate 61 Fig. 5) defining a first intake hole (first introduction portion 61a Fig. 5) and a second intake hole (second introduction portion 61b Fig. 5) that are spaced apart from each other in a first direction (Fig. 5), and the second intake hole is defined at one side of the first intake hole (Fig. 5); a grille panel (second plate 62 Fig. 5) that is coupled (paragraph [0054]) to a front surface of the shroud (front surface of first plate 61 Fig. 5) and defines a cool air discharge port (cold air discharging portion 62a Fig. 5) configured to discharge the cool air into the freezing compartment (paragraph [0060]); a first cool air guide channel (first flow path 68 Fig. 6) defined between the grille panel and the shroud (Fig. 6) and configured to guide the cool air from the first intake hole to the cool air discharge port (paragraph [0060]); a second cool air guide channel (second flow path 69 Fig. 6) defined between the grille panel and the shroud (Fig. 6); and a partition rib (guide duct 65 Fig. 10) that is disposed between the first cool air guide channel and the second cool air guide channel Fig. 10), wherein the partition rib defines a communicating channel (cold air flowing portion 65a Fig. 10) configured to guide the cool air from the second cool air guide channel to the first cool air guide channel (paragraph [0057]), wherein the cool air discharge port comprises: an upper cool air discharge port (upper cold air discharging portion 62a Fig. 10), the upper cool air discharge port being defined above the first intake hole (Figs. 1 and 9), and a lower cool air discharge port (lower cold air discharging portion 62a Fig. 5), the lower cool air discharge port being defined below the first intake hole (Figs. 1 and 9), wherein the communicating channel comprises: a first communicating channel (upper cold air flowing portion 65a Fig. 10), and a second communicating channel (lower cold air flowing portion 65a Fig. 10) that is configured to guide the cool air toward the lower cool air discharge port (Figs. 9-10 and paragraph [0069]).
Cho teaches the invention as described above but fails to explicitly teach “the refrigerator comprises an ice making compartment, the freezing compartment disposed below the refrigerating compartment, the second cool air guide channel configured to guide the cool air from the second intake hole to the ice making compartment”.
However, Lee teaches the refrigerator (refrigerator 1 Fig. 1 corresponds to the refrigerator of Cho) comprises an ice making compartment (disclosed “ice-making” chamber in paragraph [0026]), the freezing compartment (freezer compartment case 13 Fig. 2 corresponds to the freezing compartment of Cho) disposed below the refrigerating compartment (Fig. 2 where refrigerator compartment case 12 corresponds to the refrigerating compartment of Cho), the second cool air guide channel (see below annotated Fig. 3 of Lee) configured to guide the cool air from the second intake hole (inlet of fan 33 Fig. 3 corresponds to the second intake hole of Cho) to the ice making compartment (paragraph [0029]).
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Cho to include “the refrigerator comprises an ice making compartment, the freezing compartment disposed below the refrigerating compartment, the second cool air guide channel configured to guide the cool air from the second intake hole to the ice making compartment” in view of the teachings of Lee to provide a refrigerator that can produce ice.
The combined teachings teach the invention as described above but fail to explicitly teach “the upper cool air discharge port defined in the first cool air guide channel, the lower cool air discharge port defined in the first cool air guide channel, the first communicating channel that has an air outlet opened toward a lateral end of the upper cool air discharge port, the second communication channel has an air outlet opened toward the lower cool air discharge port”.
However, Park teaches the upper cool air discharge port (upper right side air outlet pipe 52-2 Fig. 4 corresponds to the upper cool air discharge port of Cho) defined in the first cool air guide channel (Fig. 4 where the backside of shroud 56 corresponds to the first cool air guide channel of Cho), the lower cool air discharge port (central left side cool air outlet pipe 52-3 Fig. 4 corresponds to the lower cool air discharge port of Cho) defined in the first cool air guide channel (Fig. 4), the first communicating channel (see below annotated Fig. 4 of Park) that has an air outlet (see below annotated Fig. 4 of Park) opened toward a lateral end of the upper cool air discharge port (see below annotated Fig. 4 of Park), the second communication channel (see below annotated Fig. 4 of Park) has an air outlet (see below annotated Fig. 4 of Park) opened toward the lower cool air discharge port (see below annotated Fig. 4 of Park).
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the upper cool air discharge port defined in the first cool air guide channel, the lower cool air discharge port defined in the first cool air guide channel, the first communicating channel that has an air outlet opened toward a lateral end of the upper cool air discharge port, the second communication channel has an air outlet opened toward the lower cool air discharge port” in view of the teachings of Park to efficiently distribute the generated cold air between the different compartments.
The combined teachings teach the invention as described above but fail to explicitly teach “the first communicating channel that is disposed between the first intake hole and the second intake hole, wherein the partition rib comprises a first partition rib and a second partition rib that are disposed between the first cool air guide channel and the second cool air guide channel, wherein a lower end portion of the first partition rib and an upper end portion of the second partition rib are disposed between the first intake hole and the second intake hole”.
However, Won-Bok teaches a first communicating channel (see below annotated Fig. 3 of Won-Bok) that is disposed between a first intake hole (see below annotated Fig. 3 of Won-Bok) and a second intake hole (see below annotated Fig. 3 of Won-Bok), wherein a partition rib (distribution rib 11 Fig. 3 corresponds to the partition rib of Cho) comprises a first partition rib (see below annotated Fig. 3 of Won-Bok) and a second partition rib (see below annotated Fig. 3 of Won-Bok) that are disposed between a first cool air guide channel (see below annotated Fig. 3 of Won-Bok) and a second cool air guide channel (see below annotated Fig. 3 of Won-Bok), wherein a lower end portion of the first partition rib (see below annotated Fig. 3 of Won-Bok) and an upper end portion of the second partition rib (see below annotated Fig. 3 of Won-Bok) are disposed between the first intake hole and the second intake hole (see below annotated Fig. 3 of Won-Bok).
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the first communicating channel that is disposed between the first intake hole and the second intake hole, wherein the partition rib comprises a first partition rib and a second partition rib that are disposed between the first cool air guide channel and the second cool air guide channel, wherein a lower end portion of the first partition rib and an upper end portion of the second partition rib are disposed between the first intake hole and the second intake hole” in view of the teachings of Won-Bok to guide the cool air from the second cool air guide channel to the first cool air guide channel.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib are spaced apart from each other in the first direction, the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib, and wherein the first communicating channel is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib”.
However, Iwamoto teaches wherein a lower end portion of a first partition rib (the lower end portion of partition part 151 corresponds to the lower end portion of the first partition rib of Won-Bok) and an upper end portion of a second partition rib (the upper end portion of guide part 152 corresponds to the upper end portion of the second partition rib of Won-Bok) are spaced apart from each other in a first direction (Fig. 9 where the left to right direction corresponds to the first direction of Cho), the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib (Fig. 9), and wherein a first communicating channel (outlet 14b Fig. 9 corresponds to the first communicating channel of Cho) is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib (Fig. 9) to prevent warm air leakage (paragraph [0136]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib are spaced apart from each other in the first direction, the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib, and wherein the first communicating channel is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib” in view of the teachings of Iwamoto to prevent warm air leakage.
The combined teachings teach the invention as described above but fail to explicitly teach “the first intake hole is defined at a center of the shroud”.
However, it has been held that an “obvious to try” rationale when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be established: (1) a finding that at the time of the invention, there had been a recognized problem or need in the art, which may include a design need or market pressure to solve a problem; (2) a finding that there had been a finite number of identified, predictable potential solutions to the recognized need or problem; (3) a finding that one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success; and (4) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness. See MPEP § 2143(I)(E).
In the instant case, and as per (1), one of ordinary skill in the art would recognize the teachings of Cho regarding a shroud defining a first intake hole. In essence, Cho considers a first intake hole to supply cold air to the freezing compartment. As per (2), based on the above teachings, one of ordinary skill in the art would recognize that the first intake hole can only be arranged in a finite combination as follows: (A) in front the center of the shroud or (B) off-centered. As per (3), one of ordinary skill in the art would recognize that changing the location of the first intake hole on the shroud will not change the principles of operation of the prior art, nor would it render the prior art inoperable for its intended purpose, since cold air generated by the fan will be supplied to the freezing compartment and continue to operate regardless of the location of the first intake hole on the shroud. In other words, modifying the prior art to achieve any of the aforementioned combinations of (A) and (B) can be done with a reasonable expectation of success. This is supported by the fact that Cho considers the use of a first intake hole to supply cold air to the freezing compartment. As per (4), one of ordinary skill in the art would recognize that choosing a location of the first intake hole on the shroud can be done as a matter of routine optimization, in order to achieve a configuration that would allow cold air to efficiently be supplied to the freezing chamber.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Cho and to have modified them by having “the first intake hole is defined at a center of the shroud”, as a matter of choosing a finite number of predictable solutions, in order to achieve a desired level of efficient cold air flow into the freezing chamber, without yielding unpredictable results.
Furthermore, it is understood that claim 21 includes an intended use recitation, for example “…configure to...”. The Applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 23, the combined teachings teach wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib extend parallel to each other (Fig. 9 of Iwamoto), and wherein each of the first and second communicating channels is an air passage (paragraph [0069] of Cho).
Regarding claim 27, the combined teachings teach wherein the second communicating channel is positioned below an ice making fan module (second blower fan 67 Fig. 10 of Cho).
Regarding claim 28, Cho teaches a refrigerator (refrigerator 1 Fig. 1) comprising: a cabinet (body 10 Fig. 1) comprising a refrigerating compartment (storage compartment 23 Fig. 3 and paragraph [0040]) and a freezing compartment (first storage compartment 21 Fig. 3 and paragraph [0040]); an evaporator (evaporator 59 Fig. 3) that faces the freezing compartment (Fig. 3); a shroud (first plate 61 Fig. 5) defining a first intake hole (first introduction portion 61a Fig. 5) and a second intake hole (second introduction portion 61b Fig. 5) that are spaced apart from each other in a first direction (Fig. 5), wherein the second intake hole is defined at one side of the first intake hole (Fig. 5); a grille panel (second plate 62 Fig. 5) that is coupled (paragraph [0054]) to a front surface of the shroud (front surface of first plate 61 Fig. 5) and defines a cool air discharge port (cold air discharging portion 62a Fig. 5) configured to discharge the cool air into the freezing compartment (paragraph [0060]); a first cool air guide channel (first flow path 68 Fig. 6); a second cool air guide channel (second flow path 69 Fig. 6); and a partition rib (guide duct 65 Fig. 10) that separates the first cool air guide channel and the second cool air guide channel from each other (Fig. 10), wherein a communicating channel (cold air flowing portion 65a Fig. 10) configured to guide the cool air between the first cool air guide channel and the second cool air guide channel (paragraph [0057]) is formed in the partition rib (Fig. 10), wherein the cool air discharge port comprises: an upper cool air discharge port (upper cold air discharging portion 62a Fig. 10), the upper cool air discharge port being defined above the first intake hole (Figs. 1 and 9), and a lower cool air discharge port (lower cold air discharging portion 62a Fig. 5), the lower cool air discharge port being defined below the first intake hole (Figs. 1 and 9), wherein the communicating channel comprises: a first communicating channel (upper cold air flowing portion 65a Fig. 10), and a second communicating channel (lower cold air flowing portion 65a Fig. 10) that is configured to guide the cool air toward the lower cool air discharge port (Figs. 9-10 and paragraph [0069]).
Cho teaches the invention as described above but fails to explicitly teach “the refrigerator comprises an ice making compartment, the first cool air guide configured to guide the cool air from the first intake hole to the refrigerating compartment; the second cool air guide configured to guide the cool air from the second intake hole to the ice making compartment”.
However, Lee teaches the refrigerator (refrigerator 1 Fig. 1 corresponds to the refrigerator of Cho) comprises an ice making compartment (disclosed “ice-making” chamber in paragraph [0026]), the first cool air guide channel (Fig. 3 and paragraph [0033] where a person skilled in the art would recognize that an air duct that corresponds to the first cool air guide channel of Cho is supplying the cold air generated by the evaporator in evaporator chamber 15 to the freezing compartment through discharge port 183) configured to guide the cool air from the first intake hole (the inlet of fan 32 Fig. 3 corresponds to the first intake hole of Cho) to the refrigerating compartment (Figs. 2-3, paragraph [0029], and paragraph [0033] where refrigerator compartment case 12 corresponds to the refrigerating compartment of Cho); the second cool air guide channel (see below annotated Fig. 3 of Lee) configured to guide the cool air from the second intake hole the (inlet of fan 33 Fig. 3 corresponds to the second intake hole of Cho) to the ice making compartment (paragraph [0029]) to provide a refrigerator that can produce ice.
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Cho to include “the refrigerator comprises an ice making compartment, the first cool air guide configured to guide the cool air from the first intake hole to the refrigerating compartment; the second cool air guide configured to guide the cool air from the second intake hole to the ice making compartment” in view of the teachings of Lee to provide a refrigerator that can produce ice.
The combined teachings teach the invention as described above but fail to explicitly teach “the upper cool air discharge port defined in the first cool air guide channel, the lower cool air discharge port defined in the first cool air guide channel, the first communicating channel that has an air outlet opened toward a lateral end of the upper cool air discharge port, the second communication channel has an air outlet opened toward the lower cool air discharge port”.
However, Park teaches the upper cool air discharge port (upper right side air outlet pipe 52-2 Fig. 4 corresponds to the upper cool air discharge port of Cho) defined in the first cool air guide channel (Fig. 4 where the backside of shroud 56 corresponds to the first cool air guide channel of Cho), the lower cool air discharge port (central left side cool air outlet pipe 52-3 Fig. 4 corresponds to the lower cool air discharge port of Cho) defined in the first cool air guide channel (Fig. 4), the first communicating channel (see below annotated Fig. 4 of Park) that has an air outlet (see below annotated Fig. 4 of Park) opened toward a lateral end of the upper cool air discharge port (see below annotated Fig. 4 of Park), the second communication channel (see below annotated Fig. 4 of Park) has an air outlet (see below annotated Fig. 4 of Park) opened toward the lower cool air discharge port (see below annotated Fig. 4 of Park) to efficiently distribute the generated cold air between the different compartments.
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the upper cool air discharge port defined in the first cool air guide channel, the lower cool air discharge port defined in the first cool air guide channel, the first communicating channel that has an air outlet opened toward a lateral end of the upper cool air discharge port, the second communication channel has an air outlet opened toward the lower cool air discharge port” in view of the teachings of Park to efficiently distribute the generated cold air between the different compartments.
The combined teachings teach the invention as described above but fail to explicitly teach “the first communicating channel that is disposed between the first intake hole and the second intake hole, wherein the partition rib comprises a first partition rib and a second partition rib that are disposed between the first cool air guide channel and the second cool air guide channel, wherein a lower end portion of the first partition rib and an upper end portion of the second partition rib are disposed between the first intake hole and the second intake hole”.
However, Won-Bok teaches a first communicating channel (see below annotated Fig. 3 of Won-Bok) that is disposed between a first intake hole (see below annotated Fig. 3 of Won-Bok) and a second intake hole (see below annotated Fig. 3 of Won-Bok), wherein a partition rib (distribution rib 11 Fig. 3 corresponds to the partition rib of Cho) comprises a first partition rib (see below annotated Fig. 3 of Won-Bok) and a second partition rib (see below annotated Fig. 3 of Won-Bok) that are disposed between a first cool air guide channel (see below annotated Fig. 3 of Won-Bok) and a second cool air guide channel (see below annotated Fig. 3 of Won-Bok), wherein a lower end portion of the first partition rib (see below annotated Fig. 3 of Won-Bok) and an upper end portion of the second partition rib (see below annotated Fig. 3 of Won-Bok) are disposed between the first intake hole and the second intake hole (see below annotated Fig. 3 of Won-Bok).
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Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “the first communicating channel that is disposed between the first intake hole and the second intake hole, wherein the partition rib comprises a first partition rib and a second partition rib that are disposed between the first cool air guide channel and the second cool air guide channel, wherein a lower end portion of the first partition rib and an upper end portion of the second partition rib are disposed between the first intake hole and the second intake hole” in view of the teachings of Won-Bok to guide the cool air from the second cool air guide channel to the first cool air guide channel.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib are spaced apart from each other in the first direction, the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib, and wherein the first communicating channel is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib”.
However, Iwamoto teaches wherein a lower end portion of a first partition rib (the lower end portion of partition part 151 corresponds to the lower end portion of the first partition rib of Won-Bok) and an upper end portion of a second partition rib (the upper end portion of guide part 152 corresponds to the upper end portion of the second partition rib of Won-Bok) are spaced apart from each other in a first direction (Fig. 9 where the left to right direction corresponds to the first direction of Cho), the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib (Fig. 9), and wherein a first communicating channel (outlet 14b Fig. 9 corresponds to the first communicating channel of Cho) is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib (Fig. 9) to prevent warm air leakage (paragraph [0136]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib are spaced apart from each other in the first direction, the lower end portion of the first partition rib being positioned lower than the upper end portion of the second partition rib, and wherein the first communicating channel is defined between the lower end portion of the first partition rib and the upper end portion of the second partition rib” in view of the teachings of Iwamoto to prevent warm air leakage.
The combined teachings teach the invention as described above but fail to explicitly teach “the first intake hole is defined at a center of the shroud”.
However, it has been held that an “obvious to try” rationale when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be established: (1) a finding that at the time of the invention, there had been a recognized problem or need in the art, which may include a design need or market pressure to solve a problem; (2) a finding that there had been a finite number of identified, predictable potential solutions to the recognized need or problem; (3) a finding that one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success; and (4) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness. See MPEP § 2143(I)(E).
In the instant case, and as per (1), one of ordinary skill in the art would recognize the teachings of Cho regarding a shroud defining a first intake hole. In essence, Cho considers a first intake hole to supply cold air to the freezing compartment. As per (2), based on the above teachings, one of ordinary skill in the art would recognize that the first intake hole can only be arranged in a finite combination as follows: (A) in front the center of the shroud or (B) off-centered. As per (3), one of ordinary skill in the art would recognize that changing the location of the first intake hole on the shroud will not change the principles of operation of the prior art, nor would it render the prior art inoperable for its intended purpose, since cold air generated by the fan will be supplied to the freezing compartment and continue to operate regardless of the location of the first intake hole on the shroud. In other words, modifying the prior art to achieve any of the aforementioned combinations of (A) and (B) can be done with a reasonable expectation of success. This is supported by the fact that Cho considers the use of a first intake hole to supply cold air to the freezing compartment. As per (4), one of ordinary skill in the art would recognize that choosing a location of the first intake hole on the shroud can be done as a matter of routine optimization, in order to achieve a configuration that would allow cold air to efficiently be supplied to the freezing chamber.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Cho and to have modified them by having “the first intake hole is defined at a center of the shroud”, as a matter of choosing a finite number of predictable solutions, in order to achieve a desired level of efficient cold air flow into the freezing chamber, without yielding unpredictable results.
Furthermore, it is understood that claim 28 includes an intended use recitation, for example “…configure to...”. The Applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 33, the combined teachings teach wherein the upper cool air discharge port is provided above the first intake hole (Figs. 1 and 9 of Cho), and wherein the first communicating channel is configured to guide the cool air in the second cool air guide channel to a region (see below annotated Fig. 3 of Won-Bok) between the first intake hole and the second intake hole.
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Regarding claim 36, the combined teachings teach wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib extend parallel to each other (Fig. 9 of Iwamoto), and wherein each of the first and second communicating channels is an air passage (paragraph [0069] of Cho).
Regarding claim 42, the combined teachings teach wherein the first communicating channel extends in a direction (see below annotated Fig. 4 of Park) intersecting the upper cool air discharge port (see below annotated Fig. 4 of Park), and wherein the second communicating channel extends in a direction (see below annotated Fig. 4 of Park) intersecting the lower cool air discharge port (see below annotated Fig. 4 of Park).
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Regarding claim 43, the combined teachings teach wherein the first and second communicating channels extend in different directions from each other (see below annotated Fig. 4 of Park).
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Regarding claim 44, the combined teachings teach wherein the first partition rib and the second partition rib are spaced apart from an outer circumference of the second intake hole (Fig. 3 of Won-Bok) and curved along the outer circumference of the second intake hole (Fig. 3 of Won-Bok).
Regarding claim 45, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the first partition rib is disposed radially between the second partition rib and the outer circumference of the second intake hole”.
However, Applicant has not disclosed that having “wherein the first partition rib is disposed radially between the second partition rib and the outer circumference of the second intake hole” does anything more than produce the predictable result of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel. Since it has been held that mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel.
Regarding claim 46, the combined teachings teach the invention as described above but fail to explicitly teach “wherein each of the lower end portion of the first partition rib and the upper end portion of the second partition rib is disposed lower than an upper end of the second intake and higher than a lower end of the second intake hole”.
However, Applicant has not disclosed that having “wherein each of the lower end portion of the first partition rib and the upper end portion of the second partition rib is disposed lower than an upper end of the second intake and higher than a lower end of the second intake hole” does anything more than produce the predictable result of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel. Since it has been held that mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel.
Regarding claim 48, the combined teachings teach the invention as described above but fail to explicitly teach “wherein each of the lower end portion of the first partition rib and the upper end portion of the second partition rib is disposed lower than an upper end of the second intake hole and higher than a lower end of the first intake hole”.
However, Applicant has not disclosed that having “wherein each of the lower end portion of the first partition rib and the upper end portion of the second partition rib is disposed lower than an upper end of the second intake hole and higher than a lower end of the first intake hole” does anything more than produce the predictable result of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel. Since it has been held that mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of providing a passage for a portion of the cold air generated in the second cool air guide channel to flow to the first cool air guide channel.
Regarding claim 49, the combined teachings teach wherein the lower end portion of the first partition rib and the upper end portion of the second partition rib are configured to guide the cool air upward along the first communicating channel (Fig. 10 of Iwamoto when the damper is opened).
Regarding claim 50, the combined teachings teach wherein the first communicating channel extends in a section direction (see below annotated Fig. 9 of Iwamoto) intersecting the first direction (see below annotated Fig. 9 of Iwamoto).
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Response to Arguments
Applicant’s arguments filed 02/20/2026 have been fully considered but they are not persuasive.
In response to Applicant's arguments against the references individually in pages 7-9, 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).
For clarity, Cho has been established in the rejection as the primary reference to teach a shroud (first plate 61 Fig. 5) defining a first intake hole (first introduction portion 61a Fig. 5) and a second intake hole (second introduction portion 61b Fig. 5); a communicating channel (cold air flowing portion 65a Fig. 10) that comprises a first communicating channel (upper cold air flowing portion 65a Fig. 10) and a second communicating channel (lower cold air flowing portion 65a Fig. 10).
The apparatus of Cho is modified by the teachings of Park to include a first communicating channel (see below annotated Fig. 4 of Park) that has an air outlet (see below annotated Fig. 4 of Park) opened toward a lateral end of an upper cool air discharge port (see below annotated Fig. 4 of Park).
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The apparatus of Cho is further modified by the teachings of Won-Bok to include a first communicating channel (see below annotated Fig. 3 of Won-Bok) that is disposed between a first intake hole (see below annotated Fig. 3 of Won-Bok) and a second intake hole (see below annotated Fig. 3 of Won-Bok).
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The apparatus of Cho is also modified by the teachings of Iwamoto to include a first communicating channel (outlet 14b Fig. 9) that is defined between a lower end portion of a first partition rib (the lower end portion of partition part 151 Fig. 9 corresponds to the lower end portion of the first partition rib) and an upper end portion of a second partition rib (the upper end portion of guide part 152 Fig. 9 corresponds to the upper end portion of the second partition rib).
Therefore, Applicant's arguments are not persuasive and the rejection is maintained.
In response to Applicant's arguments on pages 9-10 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., "the pressures in the first cool air guide channel 310 and the second cool air guide channel 320 may equally increase”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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