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 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.
Claims 1-8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al(9140483) taken together with Chinese reference(CN116045578A) in view of Hylton et al(2009/0283475).
Park et al in figures 1 and 3 teaches an appliance(refrigerator 10) comprising:
a housing defining an interior cabinet(storage compartment 20); a crisper drawer(storage box 60) disposed within the interior cabinet, the crisper drawer including a base, walls, and lid(shelf 50 in figure 3) to define a cavity for receiving food items to be stored in the crisper drawer, the lid(50) selectively closing the crisper drawer to limit air flow to and from the cavity, one or more of the base, the walls, and the lid defining an opening and including a humidity membrane(moisture permeable membrane 90 in figure 3) disposed and sealed within the opening, wherein the humidity membrane retains and forms moisture within the crisper drawer via pervaporation during airflow across the humidity membrane and limits moisture from passing therethrough(column 7 lines 25-30 stating “the drying of the inner space of the storage box 60 may be suppressed since molecules constituting the moisture-permeable membrane are crystallized, blocking discharge of moisture from the storage box 60 through the moisture-permeable membrane and increasing the humidity of the inner space of the storage box 60).
Park et al is silent as to a circulation system cooperating with the humidity membrane, the circulation system including a controller and one or more fans disposed within the crisper drawer and angled towards the humidity membrane to selectively facilitate air flow across the humidity membrane and mix air within the cavity to control a humidity level within the crisper drawer. Chinese reference in figures 1 and 3 teaches an appliance(refrigerator 1) comprising a housing defining an interior cabinet, a crisper drawer(storage device 2) disposed within the interior cabinet, the crisper drawer including a base and walls, a wall of the crisper drawer including a moisture permeable membrane(4), and a circulation system cooperating with the humidity membrane, the circulation system including a controller(para 0113 stating “the above controller controls the first fan or the second fan to run at a specific power according to the humidity change rate and the storage humidity”) and one or more fans(second fan 6) disposed within the crisper drawer(figure 3; para 0065 stating “a second fan 6 is provided in the storage cavity 3”) to selectively facilitate air flow across the humidity membrane and mix air within the cavity to control a humidity level within the crisper drawer. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a circulation system including one or more fans within the crisper drawer of Park et al to provide a mechanism for circulating airflow within the crisper drawer of Park et al(para 0066 of Chinese reference stating “the second fan 6 works to promote the mixing of air flow in the storage cavity 3, to avoid condensation in the storage cavity 3 due to excessive humidity, thereby causing the food to mold”. Examiner notes figure 3 of Chinese reference teaches an outlet of a fan(6) which is angled towards a humidity membrane, wherein an outlet of a fan is a part of a fan, therefore Chinese reference teaches one or more fans disposed within the crisper drawer and “angled towards the humidity membrane”.
Park et al is further silent as the humidity membrane including nanofibers dispersed in a matrix to provide pervaporation across the humidity membrane for airflow from the cavity to the interior cabinet. Hylton et al teaches providing a nanotube immobilized membrane(NIM; para 0010) for absorption of liquid, the membrane provided as part of a pervaporation system(para 0044 stating “fabricated NIMs may be used in a variety of processes and/or methods, including without limitation, …, pervaporation” , wherein the membrane includes nanofibers dispersed in a matrix(para 0011 stating “fabricating a nanotube immobilized membrane (NIM) including providing a substrate; introducing a plurality of carbon nanotubes into the substrate”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al as a membrane including nanofibers dispersed in a matrix to provide for pervaporation across the humidity membrane of Park et al and for dramatically improving the performance of a polymeric membrane(para 0010 of Hylton et al).
Examiner notes that the limitations “when the circulation system mixes air within the cavity” is analyzed as an intended use for the claimed appliance, wherein the claim is directed to a structure, and wherein patentability is directed to a difference of structural limitations over prior art, wherein the claimed circulation system is selective for mixing air within the cavity). Examiner furthermore respectively submits the limitations “the controller configured to, responsive to the humidity level within the crisper drawer falling below a first predetermined humidity level, actuate the one or more fans at a first setting to mix air in within the cavity such that the humidity membrane is a moisture barrier” are not given patentable weight for prior art analysis, wherein the limitations “controller configured to” only require a prior art controller , as in the controller of Chinese reference, to be capable of performing the stated function. Examiner notes that in order for a controller to be “responsive to the humidity level” requires a sensor mechanism to initially determine a humidity level, wherein a sensor mechanism is not claimed in connection with the claimed controller.
With regards to claim 2, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the nanofibers are a carbon-based nanomaterial.
With regards to claim 3, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the carbon-based nanomaterial is carbon nanotubes.
With regards to claim 4, Park et al taken together with Chinese reference in view of Hylton et al is silent as to wherein the matrix is a zeolite matrix. Examiner notes Hylton et al provides for a “substrate”, and also noting a zeolite material is well known as being used for a substrate in an absorption process, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a zeolite matrix for the substrate of Hylton et al in order to provide zeolite as a material of choice for providing nanofibers dispersed therein.
With regards to claim 5, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the controller is further configured to, responsive to the humidity level within the crisper drawer falling below a second predetermined humidity level, actuate the one or more fans at a second setting , higher than the first , to direct and force airflow across the humidity membrane and form retentate moisture on a cavity facing side of the humidity membrane for mixing into air in within the cavity and increase the humidity level(para 0113 of Chinese reference stating “the above controller controls the first fan or the second fan to run at a specific power according to the humidity change rate and the storage humidity, and controls the operation of the refrigeration unit. It comprehensively considers the humidity change rate and real-time humidity in the storage cavity to control operation of the fan”.
With regards to claim 6, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the predetermined humidity level is 55% humidity(Examiner notes the structure of Park et al taken together with Chinese reference in view of Hylton et al only needs to be capable of achieving a predetermined humidity level of 55%).
With regards to claim 7, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the circulation system further includes an external fan( first fan 5 in Chinese reference) positioned external to the crisper drawer and within the interior cabinet positioned to draw air from the crisper drawer across the humidity membrane.
With regards to claim 8, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein, responsive to the humidity level within the crisper drawer falling below a predetermined threshold humidity level, the controller actuates the external fan to draw air from the crisper drawer across the humidity membrane to facilitate pervaporation.
With regards to claim 12, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the humidity membrane is a porous membrane having an average pore size of 0.25 to 100 nm.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al(9140483) taken together with Chinese reference(CN116045578A) in view of Hylton et al(2009/0283475) and further in view of Chinese reference(CN112747549A).
Park et al taken together with Chinese reference in view of Hylton et al teaches all of the limitations of claim 9 but is silent as to wherein the humidity membrane further includes a hydrophobic or hydrophilic coating disposed on an inner side of the humidity membrane, the inner side facing the cavity.
Chinese reference(CN112747549A) teaches a refrigerator including a drawer body(212 in figure 3), the drawer body providing food items to be stored, , the drawer body including a moisture permeable assembly(300) including a moisture permeable membrane (341) that is stated as a pervaporation membrane(para 0080), wherein the pervaporation membrane includes a hydrophobic or hydrophilic coating disposed on an inner side of the humidity membrane, the inner side facing the cavity(para 0080 stating “the moisture permeable membrane 341 can be a pervaporation membrane having a hydrophilic layer and a hydrophobic layer”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al taken together with Chinese reference in view of Hylton et al with a hydrophobic or hydrophilic coating disposed on an inner side of the humidity membrane in order to provide a mechanism for either permitting water vapor moving across a surface of the membrane and being rejected back into the drawer body or being further absorbed to the membrane.
Park et al taken together with Chinese reference in view of Hylton et al teaches all of the limitations of claim 11 but is silent as to wherein the humidity membrane further includes a hydrophilic component blended with the nanofibers of the matrix.
Chinese reference(CN112747549A) teaches a refrigerator including a drawer body(212 in figure 3), the drawer body providing food items to be stored, , the drawer body including a moisture permeable assembly(300) including a moisture permeable membrane (341) that is stated as a pervaporation membrane(para 0080), wherein the pervaporation membrane includes a hydrophobic or hydrophilic coating disposed on an inner side of the humidity membrane, the inner side facing the cavity(para 0080 stating “the moisture permeable membrane 341 can be a pervaporation membrane having a hydrophilic layer and a hydrophobic layer”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al taken together with Chinese reference in view of Hylton et al with a hydrophilic component blended with the nanofibers of the matrix to provide for a mechanism to hold moisture for retention.
Park et al taken together with Chinese reference in view of Hylton et al teaches all of the limitations of claim 12 but is silent as to wherein the humidity membrane further includes a hydrophobic component blended with the nanofibers of the matrix.
Chinese reference(CN112747549A) teaches a refrigerator including a drawer body(212 in figure 3), the drawer body providing food items to be stored, , the drawer body including a moisture permeable assembly(300) including a moisture permeable membrane (341) that is stated as a pervaporation membrane(para 0080), wherein the pervaporation membrane includes a hydrophobic or hydrophilic coating disposed on an inner side of the humidity membrane, the inner side facing the cavity(para 0080 stating “the moisture permeable membrane 341 can be a pervaporation membrane having a hydrophilic layer and a hydrophobic layer”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al taken together with Chinese reference in view of Hylton et al with a hydrophilic component blended with the nanofibers of the matrix to provide for a mechanism to reject moisture back into the storage drawer.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al(9140483) taken together with Chinese reference(CN116045578A) in view of Hylton et al(2009/0283475).
Park et al teaches in figures 1 and 3 a compartment of an appliance(refrigerator 10) comprising: a base, walls, and lid(shelf 50 in figure 3) to defining a cavity for a crisper drawer (storage box 60) for receiving food items to be stored in the crisper drawer, the lid selectively closing the crisper drawer to limit air flow to and from the cavity, one or more of the base, the walls, and the lid defining an opening and including a humidity membrane(moisture permeable membrane 90 in figure 3) disposed and sealed within the opening, wherein the humidity membrane provides pervaporation across the humidity membrane to form moisture within the cavity when air flows from the cavity across the humidity membrane to an interior of the appliance(column 7 lines 25-30 stating “the drying of the inner space of the storage box 60 may be suppressed since molecules constituting the moisture-permeable membrane are crystallized, blocking discharge of moisture from the storage box 60 through the moisture-permeable membrane and increasing the humidity of the inner space of the storage box 60).
Park et al is silent as to a circulation system cooperating with the humidity membrane, the circulation system including at least one fan disposed within the crisper drawer and angled toward the humidity membrane to selectively mix air within the cavity and direct across the humidity membrane to selectively control a humidity level within the crisper drawer. Chinese reference in figures 1 and 3 teaches an appliance(refrigerator 1) comprising a housing defining an interior cabinet, a crisper drawer(storage device 2) disposed within the interior cabinet, the crisper drawer including a base and walls, a wall of the crisper drawer including a moisture permeable membrane(4), and a circulation system cooperating with the humidity membrane, the circulation system including at least one fan(second fan 6) disposed within the crisper drawer(figure 3; para 0065 stating “a second fan 6 is provided in the storage cavity 3”) to selectively mix air within the cavity and direct across the humidity membrane to selectively control a humidity level within the crisper drawer. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a circulation system including one or more fans within the crisper drawer of Park et al to provide a mechanism for circulating airflow within the crisper drawer of Park et al(para 0066 of Chinese reference stating “the second fan 6 works to promote the mixing of air flow in the storage cavity 3, at avoid condensation in the storage cavity 3 due to excessive humidity, thereby causing the food to mold”. Examiner notes figure 3 of Chinese reference teaches an outlet of a fan(6) which is angled towards a humidity membrane, wherein an outlet of a fan is a part of a fan, therefore Chinese reference teaches one or more fans disposed within the crisper drawer and “angled towards the humidity membrane”.
Park et al is further silent as to the circulation system including a controller configured to, responsive to the humidity level within the cavity of the crisper drawer falling below a first predetermined threshold humidity level, actuate the at least one fan at a first setting to mix air in within the cavity such that the humidity membrane is a moisture barrier, and responsive to the humidity level within the crisper drawer falling below a second predetermined humidity level, lower than the first, actuate the at least one fan at a second setting, higher than the first, to direct and force airflow across the humidity membrane and form retentate moisture on a cavity facing side of the humidity. Chinese reference further teaches a controller(para 0113 stating “the above controller controls the first fan or the second fan to run at a specific power according to the humidity change rate and the storage humidity”) that operates responsive to a humidity level. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a controller for the crisper drawer of Park et al in order to provide a control mechanism for selectively actuating the fan(6) of Chinese reference. Examiner respectfully submits the limitations “configured to, responsive to the humidity level within the cavity of the crisper drawer falling below a first predetermined threshold humidity level, actuate the at least one fan at a first setting to mix air in within the cavity such that the humidity membrane is a moisture barrier, and responsive to the humidity level within the crisper drawer falling below a second predetermined humidity level, lower than the first, actuate the at least one fan at a second setting, higher than the first, to direct and force airflow across the humidity membrane and form retentate moisture on a cavity facing side of the humidity” are not given patentable weight for prior art analysis, wherein the limitations “controller configured to” only require a prior art controller , as in the controller of Chinese reference, to be capable of performing the stated function. Examiner notes that in order for a controller to be “responsive to the humidity level” requires a sensor mechanism to initially determine a humidity level, wherein a sensor mechanism is not claimed in connection with the claimed controller.
Park et al is further silent as the humidity membrane including nanofibers dispersed in a matrix to provide pervaporation across the humidity membrane for airflow from the cavity to the interior cabinet. Hylton et al teaches providing a nanotube immobilized membrane(NIM; para 0010) for absorption of liquid, the membrane provided as part of a pervaporation system(para 0044 stating “fabricated NIMs may be used in a variety of processes and/or methods, including without limitation, …, pervaporation” , wherein the membrane includes nanofibers dispersed in a matrix(para 0011 stating “fabricating a nanotube immobilized membrane (NIM) including providing a substrate; introducing a plurality of carbon nanotubes into the substrate”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al as a membrane including nanofibers dispersed in a matrix to provide for pervaporation across the humidity membrane of Park et al and for dramatically improving the performance of a polymeric membrane(para 0010 of Hylton et al).
Claims 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al(9140483) taken together with Chinese reference(CN116045578A) in view of Hylton et al(2009/0283475).
Park et al teaches in figures 1 and 3 a system for controlling humidity within a crisper drawer of an appliance(refrigerator 10), the system comprising: a pervaporation humidity membrane moisture permeable membrane (90 in figure 3) to provide pervaporation across the membrane to form moisture on a cavity facing side of the membrane from a cavity of the crisper drawer to an interior cabinet of the appliance(column 7 lines 25-30 stating “the drying of the inner space of the storage box 60 may be suppressed since molecules constituting the moisture-permeable membrane are crystallized, blocking discharge of moisture from the storage box 60 through the moisture-permeable membrane and increasing the humidity of the inner space of the storage box 60).
Park et al is silent as to a fan disposed within the cavity of the crisper drawer, the fan angled towards the humidity membrane to direct airflow toward the pervaporation humidity membrane when actuated. Chinese reference in figures 1 and 3 teaches an appliance(refrigerator 1) comprising a housing defining an interior cabinet, a crisper drawer(storage device 2) disposed within the interior cabinet, the crisper drawer including a base and walls, a wall of the crisper drawer including a moisture permeable membrane(4), and a circulation system cooperating with the humidity membrane, the circulation system including one or more fans(second fan 6) disposed within the crisper drawer(figure 3) and angled towards the humidity membrane(Examiner notes figure 3 of Chinese reference teaches an outlet of a fan(6) which is angled towards a humidity membrane, wherein an outlet of a fan is a part of a fan, therefore Chinese reference teaches one or more fans disposed within the crisper drawer and “angled towards the humidity membrane”) to selectively facilitate air flow across the humidity membrane and mix air within the cavity to control a humidity level within the crisper drawer. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a circulation system including one or more fans within the crisper drawer of Park et al to provide a mechanism for circulating airflow within the crisper drawer of Park et al(para 0066 of Chinese reference stating “the second fan 6 works to promote the mixing of air flow in the storage cavity 3, at avoid condensation in the storage cavity 3 due to excessive humidity, thereby causing the food to mold”.
Park et al is further silent as the humidity membrane including nanofibers dispersed in a matrix to provide pervaporation across the humidity membrane for airflow from the cavity to the interior cabinet. Hylton et al teaches providing a nanotube immobilized membrane(NIM; para 0010) for absorption of liquid, the membrane provided as part of a pervaporation system(para 0044 stating “fabricated NIMs may be used in a variety of processes and/or methods, including without limitation, …, pervaporation” , wherein the membrane includes nanofibers dispersed in a matrix(para 0011 stating “fabricating a nanotube immobilized membrane (NIM) including providing a substrate; introducing a plurality of carbon nanotubes into the substrate”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the humidity membrane of Park et al as a membrane including nanofibers dispersed in a matrix to provide for pervaporation across the humidity membrane of Park et al and for dramatically improving the performance of a polymeric membrane(para 0010 of Hylton et al).
Park et al is further silent as to a controller configured to actuate the fan and direct air toward the pervaporation humidity membrane responsive to a humidity level within the crisper drawer. Chinese reference in para 0113 state “the above controller controls the first fan or the second fan to run at a specific power according to the humidity change rate and the storage humidity, and controls the operation of the refrigeration unit. It comprehensively considers the humidity change rate and real-time humidity in the storage cavity to control operation of the fan. ”. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a controller configured to actuate the fan of Chinese reference in order to actuate the fan based on a humidity level within the crisper drawer. Examiner notes the limitations “wherein when the humidity level is below a first predetermined humidity threshold, the fan is actuated at a first setting to mix air within the crisper drawer such that the humidity membrane is a moisture barrier, and when the humidity level is below a second predetermined humidity threshold, lower than the first, the fan is actuated at a second setting, higher than the first, to direct air toward the humidity membrane to form the moisture on the pervaporation humidity membrane for increasing humidity within the cavity” are not given patentable weight for prior art analysis, wherein the claimed controller is only required to be capable of performing the claimed functional statement.
With regards to claim 18, Park et al taken together with Chinese reference in view of Hylton et al further teaches wherein the nanofibers are a carbon-based nanomaterial.
With regards to claim 19, Park et al taken together with Chinese reference in view of Hylton et al is silent as to wherein the matrix is a zeolite matrix. Examiner notes Hylton et al provides for a “substrate”, and also noting a zeolite material is well known as being used for a substrate in an absorption process, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a zeolite matrix for the substrate of Hylton et al in order to provide zeolite as a material of choice for providing nanofibers dispersed therein.
With regards to claim 20, Park et al taken together with Chinese reference in view of Hylton et al further teaches an external fan(first fan 5 of Chinese reference) disposed external to the cavity of the crisper drawer on an opposite side of the pervaporation humidity membrane to the cavity facing side, the external fan, when actuated, draws air from the cavity out to the interior cabinet.
Response to Arguments
Applicant's arguments filed 10-31-2025 have been fully considered but they are not persuasive.
Applicant argues nothing in the cited references alone or in combination disclose, teach, or suggest cooperation between a circulation system and a pervaporation humidity membrane based on the structural arrangement of a fan within the crisper drawer and angled to direct airflow towards the humidity membrane. Further, none of the references disclose, teach, or suggest a first setting of the fan which mixes air with the pervaporation membrane acting as a moisture barrier, and a second setting of the fan directing airflow towards the membrane to form retentate on the membrane, which is possible based on the structural limitations of the fan being disposed within the crisper drawer and angled accordingly.
Examiner notes that Park et al taken together with Hylton et al teaches a pervaporation humidity membrane in connection with a crisper drawer, and Chinese reference (CN116045578A) teaches providing a fan angled towards a humidity membrane, wherein Chinese reference(CN116045578A) teaches that a fan provided in a crisper drawer “promotes the flow and mixing of air in the storage cavity to prevent condensation from forming in the storage cavity due to excessive humidity, thereby causing the food to become moldy”. Examiner respectfully submits that someone of ordinary skill in the art, requiring a circulation system including one or more fans cooperating with a humidity membrane, would look to Chinese reference(CN116045578A) to provide a flow and mixing of air in the crisper drawer of Park et al. Examiner furthermore respectfully submits that the limitations “controller configured to” only require a prior art controller , as in the controller of Chinese reference(CN116045578A), to be capable of performing the stated function. Examiner notes that in order for a controller to be “responsive to the humidity level” requires a sensor mechanism to initially determine a humidity level, wherein a sensor mechanism is not claimed in connection with the claimed controller. Examiner respectfully submits that limitations to a first setting of the fan which mixes air with the pervaporation membrane acting as a moisture barrier, and a second setting of the fan directing airflow towards the membrane to form retentate on the membrane are not given patentable weight for prior art analysis.
Applicant argues notably, Park merely teaches a moisture permeable membrane. Nothing in Park discloses, teaches, or suggests a pervaporation membrane that selectively acts as a moisture barrier, and allows pervaporation based on the direction of air flow at the membrane via the fans that are disposed in the drawer. As admitted by the Office Action, Park is silent to a circulation system altogether. Park discloses a crystalline membrane which loosens based on humidity level. Thus, not only does the membrane of Park not cooperate with a fan or circulation system, but the inclusion of such a circulation system would render the membrane of Park inoperable, as the structure of the membrane is distinguishable in its operability. Accordingly, it would not have been obvious to look elsewhere as asserted in the Office Action to include a fan, as the inclusion would render the membrane of Park inoperable.
Examiner notes that both Park and Chinese reference(CN116045578A) teach providing a humidity membrane in connection with a crisper drawer, wherein the claims require a “humidity membrane”. Examiner notes para 0034 of the current specification which states “In order to compensate for the amount of humidity that is leaked from the humidity membrane 400, which cannot be avoided due to the porosity of the membrane, the circulation system 500 is provided to maintain the desired level of relativity humidity inside the crisper drawer 300, as high moisture levels are desirable to maintain the freshness of the produce within the cavity 310 of the crisper drawer 300”. Examiner respectfully submits that applicant admits from para 0034 that a humidity membrane in connection with a crisper drawer has a predetermined level of porosity, therefore the humidity membrane of Park, although indicated as a crystalline membrane, would clearly cooperate with a circulation system of Chinese reference(CN116045578A), for the reasons of “to promote the mixing of air flow in the storage cavity , to avoid condensation in the storage cavity due to excessive humidity, thereby causing the food to mold”. Examiner respectfully submits that a statement that the inclusion of such a circulation system would render the membrane of Park inoperable is not supported by factual statements within Park or Chinese reference(CN116045578A).
Applicant argues that notably, the fan of the Chinese reference(CN116045578A) is positioned adjacent to the membrane, within a wall with exposure to the environment, and not positioned within the crisper drawer, let along positioned at an angle to direct airflow toward the membrane. Applicant further argues that while the fan may operate to draw air into the drawer, the cooperation of the fan and the membrane for selective pervaporation and mixing within the drawer, is not disclosed, taught , or suggested.
Examiner respectfully submits Chinese reference(CN116045578A) in para 0065 states “a second fan 6 is provided in the storage cavity 3 to promote the flow and mixing of air in the storage cavity”, therefore a statement that the fan of Chinese reference(CN116045578A) is not positioned within the crisper drawer is not supported by Chinese reference(CN116045578A). Examiner furthermore respectfully submits that figure 3 of Chinese reference(CN116045578A) illustrates a fan(6) with an outlet that is positioned at an angle to direct airflow toward the membrane(4). Examiner respectfully submits that an outlet of a fan is part of a fan, therefore Chinese reference (CN116045578A) teaches one or more fans disposed within a crisper drawer and angled towards a humidity membrane. Examiner notes that in figure 4 of the current drawings, for an embodiment with a fan in corner of the crisper drawer, and a membrane located on an adjacent side wall, an outlet of the fan is “angled towards the humidity membrane”, wherein such a stated embodiment is equivalent to an embodiment in figure 3 of Chinese reference(CN116045578A), with an outlet of a fan angled towards a humidity membrane. Examiner further notes that Park in figure 3 teaches a moisture permeable membrane(90) located in a solid top shelf of a crisper drawer, therefore any inclusion of a fan within the crisper drawer of Park would provide for airflow circulation across a surface of the membrane(90) and promote selective pervaporation and mixing within the drawer. Examiner respectfully submits that Chinese reference(CN116045578A) in para 0065 clearly states a function of the second fan(6) is “to promote the flow of mixing of air in the storage cavity”, equivalent to the fan of the current application which mixes air within the crisper drawer.
Applicant argues that it follows that the operation of the fan as claimed at the first setting in Chinese Reference #1 is not possible because of its drawing air from the external environment, and operation at the second setting as claimed is not possible in Chinese Reference #1 because the fans position cannot direct air toward the membrane.
Examiner respectfully submits that, as stated in the current office action, that limitations to operation of a fan at a first setting and operation of a fan at a second setting are not given patentable weight for prior art analysis, wherein limitations to a “controller configured to” only requires a prior art reference to be capable of operating a fan at a first setting and at a second setting. Examiner notes Chinese reference(CN116045578A) teaches a controller in combination with a fan within a crisper drawer, therefore the controller of Chinese reference is clearly “configured to” perform stated functions of claims 1,13, and 16.
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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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
November 25, 2025