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 of Claims
This Office Action is in response to the remarks and amendments filed on 1/30/2026. Claims 1-6, 8, 10 -33 are pending for consideration in this Office Action.
Response to Amendment
The objections to the abstract have been withdrawn in light of the amendments filed. The rejections pursuant to 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn in light of the amendments filed. The rejections pursuant to 35 U.S.C. 101 have been withdrawn in light of the amendments filed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 33 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 33, the recitation of “…a heating element (6) configured to defrost the refrigerator (1),” creates an antecedent basis issue with respect to limitations recited in claim 32. Please amend for clarity.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 31-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamisako et al. (EP2251623A1).
Regarding Claim 31, Kamisako teaches a REFRIGERATOR [figs 1A, 1B], comprising at least:
a cabinet [20] that determines a refrigeration and/or freezing area [at least areas 22, 25; 0066];
an isolating door [22a] that opens and closes the cooling and/or freezing area of the cabinet [0066];
a door opening sensor [SW 51; 0109]; and
a cooling system configured so as to modify the temperature of the refrigeration and/or freezing area in order to decrease energy consumption and reduce noise [see 0085; 0086; 0116-0119; 0172; 0346]; and
at least one controller [at least the assembly of 54, 61] configured to act on the cooling system [0053; 0121; 0192-0211; fig 11];
the controller being configured to control the refrigerator [0053; 0121; 0192-0211; fig 11].
Regarding Claim 32, Kamisako teaches the invention of claim 31 above and Kamisako teaches a heating element [32] configured to defrost the refrigerator [0231].
Regarding Claim 33, Kamisako teaches the invention of claim 32 above and Kamisako teaches the heating element [32] configured to defrost the refrigerator [0231];
an operating mode activation element [54; 0133-0130];
an internal temperature sensor [53] of the refrigerator storage cabinet, an external ambient temperature sensor [52] of the refrigerator [0137; 0152; 0375]; and
the controller [54, 61] configured to receive readings from the sensors [52, 53, SW 51] and from the operating mode activation element [54] and configured to act at least on the cooling system and/or on the heating element [0133-0138; 0192-0211].
Allowable Subject Matter
Claims 1 and 18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent Claim 1, the prior art, Park (US5315835), Jooohee (KR20200069723A) and Kamisako et al. (EP2251623A1) does not teach the method as recited, in particular “...calculating (302) a weighted average of smoothed temperature (302c);calculating (303) a current temperature difference (303a, 303b) between an internal temperature (301a) and a weighted average of smoothed temperature (302c); determining and updating (308) a maximum value of current temperature difference (303c) after a single door opening; calculating (309) an average temperature derivative (305b);applying (310) a support vector machine (310a) SVM to the maximum value of current temperature difference (303c) and the average temperature derivative (305b);when the support vector machine SVM (310a) result is greater than or equal to zero, determining (311) an occurrence of a thermal load insertion (311a) in the refrigerator; and when there is the thermal load insertion (31 la), configuring (312) the cooling system (5) to operate in a high cooling regime in relation to a cooling regime in a period prior to the door opening (3).,” when added to the other features claimed in independent Claim 1.
As per independent Claim 18, the prior art, Park (US5315835), Jooohee (KR20200069723A) and Kamisako et al. (EP2251623A1) does not teach the method as recited, in particular “...monitoring the opening and closing of the door (31) by means of the door opening sensor (31);generating (206) a door opening probability distribution (206a) at the time of the monitoring; and maintaining or modifying the operation of the cooling system (5) according to a door opening probability distribution (206a).calculating (302) a weighted average of smoothed temperature (302c);calculating (303) a current temperature difference (303a, 303b) between an internal temperature (301a) and the weighted average of smoothed temperature (302c);determining and updating (308) a maximum value of the current temperature difference (303c) after a single door opening; calculating (309) an average temperature derivative (305b);applying (310) a support vector machine (310a) SVM to the maximum value of the current temperature difference (303c) and the average temperature derivative (305b);when the support vector machine SVM (310a) result is greater than or equal to zero, determining (311) an occurrence of a thermal load insertion (311a) in the refrigerator; when there is the thermal load insertion (31la), configuring (312) the cooling system (5) to operate in a high cooling regime in relation to a cooling regime in a period prior to the door opening (3),” when added to the other features claimed in independent Claim 18.
Dependent claims dependent thereon are also cited as being allowable.
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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763