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 .
The claims received 2/5/2026 are entered. Claims 4-5, 7-8 and 18-19 are cancelled
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses means or a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the means or generic placeholder is not preceded by a structural modifier.
“closing device” includes the generic/nonce term “device” coupled with the function of “closing”. A return to the specification provides an elastic spring. Therefor the limitation is interpreted as the same or equivalents thereof.
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.
Claim(s) 1-3, 6, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurlebaus (US 10,408,528), in view of Foley (US 2,781,216), and in view of Heckler et al (US 11,112,165).
Regarding claim 1, Hurlebaus discloses a refrigerator comprising:
a body (100) including:
an opening (shown in figure 2) formed in a front surface,
a partition (204) configured to partition the body into a first inner space (space within 202) and a second inner space (space within 200) so that the first inner space and the second inner space are insulated from each other, and the partition includes a partition insulator (all material exhibits resistance to thermal conduction and is thus an insulator; moreover in this instance the partition divides freezer and refrigerator chamber temperatures) provided inside the partition,
a body insulator (6:8-9),
a door (102) rotatably coupled to the body and configured to open and close the opening of the body;
a refrigerator compartment (202) provided in the first inner space of the body; and
a freezer compartment case (206 and/or 208) provided with a freezer compartment to insert into or withdraw from the second inner space of the body that is disposed under the first inner space, and configured to:
slide in a forward-backward direction between an insertion position at which the freezer compartment case is inserted into the second inner space and closes the freezer compartment and a withdrawal position at which the freezer compartment case is withdrawn from the second inner space and opens the freezer compartment (206 and 208 are configured as drawers),
wherein a front of the freezer compartment case is covered by the door at the insertion position in a state in which the door closes the opening of the body (as shown in figures 1 and 2 the door 102 covers the drawers 206 and 208),
wherein the freezer compartment case includes a front portion (1520 and/or 1526) configured to cover a front of the freezer compartment and a sealing member (1530 and/or 1532) provided on a back surface of the front portion that faces the inner case and configured to seal between the front portion and the inner case and the partition at the insertion position,
wherein at the insertion position, the front portion covers at least a portion of the partition from in front of the partition (shown in figures 2 and 12 the partition 204 is inclusive of the element at 1208 and the sealing surface).
Hurlebaus is silent concerning an inner and outer case. Foley discloses a refrigerator body including an outer case (1) and an inner case (2). It would have been obvious to one of ordinary skill in the art to have formed the refrigerator body with an inner and outer case as taught by Foley in order to provide an insulation space therebetween to insulate the refrigerator from the environment.
Hurlebaus is silent concerning the sealing member including a magnet. Heckler discloses a sealing arrangement for a refrigerator having a sealing member (16) including a first magnetic body (20) and the refrigerator includes second and third magnetic bodies (25 and 26) provided at an inner surface (15) within foam insulation (28). It would have been obvious to one of ordinary skill in the art to have provided Hurlebaus with the first magnetic body of Heckler at the sealing member and the second and third magnetic bodies of Heckler about the surface against which the drawer seals and thus includes the inner case and partition in order to hold the compartment in a closed position.
Regarding claim 2, Hurlebaus discloses the door (102) covers a front of the partition (204) while closing the opening of the body; and the freezer compartment case (206) is provided so that, at the insertion position, a top of the freezer compartment is covered by the partition.
Regarding claim 3, Hurlebaus discloses the freezer compartment case further includes a freezer compartment opening (opening formed by 1518, shown in at least figure 17) formed in an upper portion of the freezer compartment case and configured to open the freezer compartment; and at the insertion position, the freezer compartment opening is disposed to be spaced apart from a lower surface of the partition.
Regarding claim 6, Hurlebaus discloses the freezer compartment case includes a case insulator configured to insulate the first inner space from the freezer compartment at the insertion position (element 1302 is the top of the freezer compartment case; all materials exhibit resistance to thermal conduction and thus offers at least a degree of insulation).
Regarding claim 17, Hurlebaus discloses a refrigerator comprising:
an case configured to form an exterior;
the case including a first inner space (space within 202 of figure 2), in which a refrigerator compartment is provided; and
a second inner space (space within 200) disposed under the first inner space and provided in the inner case;
a partition (204) disposed inside the inner case and configured to partition the inner case into the first inner space and the second inner space;
a freezer compartment case (206) configured to slide to insert at an insertion position into or withdraw from the second inner space and have a freezer compartment (within 1518) provided therein; and
a door (102) rotatably coupled to the outer case and configured to cover a front of the freezer compartment case and a front of the partition while closing the first inner space, wherein the freezer compartment case is provided so that the freezer compartment is open while the freezer compartment case is withdrawn from the second inner space and the freezer compartment is closed by the partition while the freezer compartment case is inserted into the second inner space,
wherein the freezer compartment case includes a front portion (1520) configured to cover a front of the freezer compartment, and a sealing member (1530) provided on a back surface of the front portion that faces the inner case (inner case surface shown in figure 12) and configured to seal between the front portion and the inner case and the partition at the insertion position,
wherein, while the freezer compartment case (206) is inserted into the second inner space, the front portion is configured to cover at least a portion of the partition from in front of the partition (shown in figures 2 and 12 the partition 204 is inclusive of the element at 1208 and the sealing surface).
Hurlebaus is silent concerning an inner and outer case. Foley discloses a refrigerator body including an outer case (1) and an inner case (2). It would have been obvious to one of ordinary skill in the art to have formed the refrigerator body with an inner and outer case as taught by Foley in order to provide an insulation space therebetween to insulate the refrigerator from the environment.
Hurlebaus is silent concerning the sealing member including a magnet. Heckler discloses a sealing arrangement for a refrigerator having a sealing member (16) including a first magnetic body (20) and the refrigerator includes second and third magnetic bodies (25 and 26) provided at an inner surface (15) within foam insulation (28). It would have been obvious to one of ordinary skill in the art to have provided Hurlebaus with the first magnetic body of Heckler at the sealing member and the second and third magnetic bodies of Heckler about the surface against which the drawer seals and thus includes the inner case and partition in order to hold the compartment in a closed position.
Claim(s) 9-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurlebaus (US 10,408,528), in view of Foley (US 2,781,216), in view of Heckler et al (US 11,112,165) and in further view of Stewart (US 3,203,199).
Regarding claims 9-11 and 20, Hurlebaus as modified discloses the refrigerator of claim 1, but is silent concerning details of the cooling chamber. Stewart discloses: a cooling chamber disposed behind the second inner space (cooling chamber is inclusive of the evaporator portion below the freezer compartment and air passages in rear wall of the refrigerator); an evaporator (56) provided in the cooling chamber and configured to generate cold air; a blower fan (70) provided in the cooling chamber and configured to allow the cold air generated by the evaporator to flow are provided; and a communication hole (175) configured to allow communication between the second inner space and the cooling chamber, wherein the freezer compartment case is configured to cover a front of the communication hole (shown in at least figure 3).
Stewart further discloses (claim 10) at the insertion position, the freezer compartment is configured to communicate with the second inner space and the cooling chamber (figure 3 shows air flow communication through the freezer compartment, second space, and cooling chamber).
Stewart further discloses (claim 11) the freezer compartment case includes a cold air inlet (173) formed so that the cold air enters from behind the freezer compartment case; and the cold air inlet is formed in an upper portion of the freezer compartment case.
It would have been obvious to one of ordinary skill in the art to have provided Hurlebaus with the cooling arrangement as taught by Stewart in order to provide a cooled environment.
Further regarding claim 20, while the instant section addresses claims 9-11 this should be read inclusive of the analysis of claim 1 above.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurlebaus (US 10,408,528), in view of Foley (US 2,781,216), in view of Heckler et al (US 11,112,165), and in further view of Domenig (US 5,490,724).
Regarding claim 12, Hurlebaus as modified discloses the refrigerator of claim 1, further comprising a rail (1400) provided in the second inner space and configured to support the freezer compartment case so that the freezer compartment case is slidable between the insertion position and the withdrawal position. Hurlebaus lacks an inclined guide portion. Domenig discloses a rail (10) configured to support a compartment case (the drawer) so that the compartment case is slidable between the insertion position and the withdrawal position, wherein the rail includes an inclined guide portion (32) formed to be inclined downward toward a rear of the inner space. It would have been obvious to one of ordinary skill in the art to have provided Hurlebaus with the guide rail as taught by Domenig in order to support the case/drawer as well as retain a closed position by utilizing gravity and an inclined guide portion.
Regarding claim 13, Hurlebaus and Domenig disclose: the rail further includes a horizontal guide portion (28 of Domenig) disposed in front of the inclined guide portion (32); and the horizontal guide portion is bent from one end at a front of the inclined guide portion and extends in a direction parallel to a forward-backward direction of the second inner space.
Regarding claim 14, Hurlebaus and Domenig disclose the freezer compartment case (the drawer of Domenig as applied to Hurlebaus) includes a case insertion portion (16 of Domenig) configured to insert into the rail and guided by the rail; and the case insertion portion includes a case inclined portion (30) formed to be inclined upward toward a front of the freezer compartment case.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurlebaus (US 10,408,528), in view of Foley (US 2,781,216), in view of Heckler et al (US 11,112,165), and in further view of Rotter (US 8,282,177).
Regarding claim 15, Hurlebaus as modified discloses the refrigerator of claim 1, but lacks a closing device. Rotter discloses a self-close mechanism for a refrigerator drawer including an elastic spring. It would have been obvious to one of ordinary skill in the art to have provided Hurlebaus with the self-closing mechanism of Rotter in order to automatically provide the drawer to the inserted position.
Regarding claim 16, Hurlebaus and Rotter discloses the closing device includes: a closing body (30) fixed to an inner case, an elastic spring (36) including an end fixed to the closing body, and a puller (32) connected to another end of the elastic spring and provided to be movable in the forward-backward direction relative to the closing body, wherein the puller is configured to: in response to the freezer compartment case moving to the withdrawal position, move to a front and locked to the closing body, and in response to the freezer compartment case moving to the insertion position, unlock from the closing body, move to a rear, and pull the freezer compartment case toward the insertion position (the puller 32 of Rotter locks and unlocks relative to latch 68/70).
Claim(s) 1-3, 6, 9-11, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stewart (US 3,203,199) in view of Kim et al (US 8,028,538), and in view of Heckler et al (US 11,112,165).
Regarding claim 1, Stewart discloses a refrigerator comprising:
a body (20) including:
an opening formed in a front surface,
a partition (38 and 155) configured to partition the body into a first inner space and a second inner space so that the first inner space and the second inner space are insulated from each other, and the partition includes a partition insulator (155 and 62) provided inside the partition,
an outer case and an inner case (inner and outer cases shown in figure 3 separated by insulation);
a body insulator (insulator shown between inner and outer cases in figure 3) foamed between the outer case and the inner case;
a door (36) rotatably coupled to the body and configured to open and close the opening of the body;
a refrigerator compartment (22) provided in a first inner space of the body; and
a freezer compartment case (28 or 32; note the “meat tender” compartment is kept at about 30°F which is below freezing and is thus a freezer compartment) provided with a freezer compartment (case 28 includes ice trays which are freezer compartments; case 32 is discussed as 32 however as shown in figure 3 several sidewalls form the case which supports compartment 32 on shelf 167, hereinafter “32” will be applied to refer to both the case and compartment however the compartment is regarded as the sidewalls which surround drawer 32) to insert into or withdraw from a second inner space of the body that is disposed under the first inner space, and configured to:
slide in a forward-backward direction between an insertion position at which the freezer compartment case is inserted into the second inner space and closes the freezer compartment and a withdrawal position at which the freezer compartment case is withdrawn from the second inner space and opens the freezer compartment (the cases are inserted and withdrawn from their respective compartment cases and open/closed by doors 30 and 34),
wherein a front of the freezer compartment case is covered by the door at the insertion position in a state in which the door closes the opening of the body (2:29-30; the door 36 closes all compartments);
wherein the freezer compartment case (28 or 32) includes a front portion (30 or 34) configured to cover a front of the freezer compartment, and a sealing member (seals shown in figure 4 between front 30 and partition 155 and bottom case at 62) provided on the back surface of the front portion that faces the inner case and configured to seal between the front portion and the inner case and the partition at the insertion position; and
wherein at the insertion position, the front portion covers at least a portion of the partition from in front of the partition (as shown in figure 4 the front portion 30 covers a portion of 38).
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Further regarding the insertion and withdrawal positions closing and opening the freezer compartment, as detailed above Stewart meets this limitation with the two part structure of a freezer compartment case and door. The examiner notes that the claim limitation describes the operation of a drawer.
For this reason Kim is provided. Kim discloses a refrigerator (1) with a compartment case (20) having a compartment (21) within a refrigerator compartment (9) the compartment case configured to: slide in a forward-backward direction between an insertion position at which the compartment case is inserted into the second inner space and closes the compartment and a withdrawal position at which the compartment case is withdrawn from the second inner space and opens the compartment (the embodiment of figure 3 shows compartment 21 which is configured as a drawer within case 20 and the insertion/withdrawal opens and closes the compartment). Moreover Kim provides an alternative embodiment in figure 4 where the compartment is open/closed with a door (discussed at the bottom of column 8).
It has been held that a "simple substitution of one known element for another to obtain predictable results” is obvious. In this instance the prior art provides for the element of a drawer. It is known in the art to substitute a door closure for a compartment for a drawer. The result of the substitution would have been predictable. MPEP 2143 B.
Stewart is silent concerning the sealing member including a magnet. Heckler discloses a sealing arrangement for a refrigerator having a sealing member (16) including a first magnetic body (20) and the refrigerator includes second and third magnetic bodies (25 and 26) provided at an inner surface (15) within foam insulation (28). It would have been obvious to one of ordinary skill in the art to have provided Stewart with the first magnetic body of Heckler at the sealing member and the second and third magnetic bodies of Heckler about the surface against which the drawer seals and thus includes the inner case and partition in order to hold the compartment in a closed position.
Regarding claim 2, Stewart discloses the door (36) covers a front of the partition while closing the opening of the body; and the freezer compartment case is provided so that, at the insertion position, a top of the freezer compartment is covered by the partition.
Regarding claim 3, Stewart and Kim disclose the freezer compartment case further includes a freezer compartment opening formed in an upper portion of the freezer compartment case and configured to open the freezer compartment (the top of the drawer of Kim is open such that when withdrawn the contents of the drawer can be accessed); and at the insertion position, the freezer compartment opening is disposed to be spaced apart from a lower surface of the partition.
Regarding claim 6, Stewart discloses the freezer compartment case includes a case insulator (155) configured to insulate the first inner space from the freezer compartment at the insertion position.
Regarding claim 9, Stewart discloses: a cooling chamber disposed behind the second inner space (cooling chamber is inclusive of the evaporator portion below the freezer compartment and air passages in rear wall of the refrigerator); an evaporator (56) provided in the cooling chamber and configured to generate cold air; a blower fan (70) provided in the cooling chamber and configured to allow the cold air generated by the evaporator to flow are provided; and a communication hole (175) configured to allow communication between the second inner space and the cooling chamber, wherein the freezer compartment case is configured to cover a front of the communication hole (shown in at least figure 3).
Regarding claim 10, Stewart discloses at the insertion position, the freezer compartment is configured to communicate with the second inner space and the cooling chamber (figure 3 shows air flow communication through the freezer compartment, second space, and cooling chamber).
Regarding claim 11, Stewart discloses the freezer compartment case includes a cold air inlet (173) formed so that the cold air enters from behind the freezer compartment case; and the cold air inlet is formed in an upper portion of the freezer compartment case. Additionally or alternatively Kim provides for cold air entry into the compartment case at an upper rear portion as shown in figure 5. It would have been obvious to one of ordinary skill in the art to have provided Stewart with this arrangement in order to distribute air throughout the drawer space.
Regarding claim 17, Stewart discloses a refrigerator comprising:
an outer case (20) configured to form an exterior;
an inner case including a first inner space, in which a refrigerator compartment (22) is provided; and
a second inner space (space occupied by 28 and/or 32) disposed under the first inner space and provided in the inner case;
a partition (38 and 155) disposed inside the inner case and configured to partition the inner case into the first inner space and the second inner space;
a freezer compartment case (28 or 32; note the “meat tender” compartment is kept at about 30°F which is below freezing and is thus a freezer compartment) configured to slide to insert into or withdraw from the second inner space and have a freezer compartment (case 28 includes ice trays which are freezer compartments; case 32 is discussed as 32 however as shown in figure 3 several sidewalls form the case which supports compartment 32 on shelf 167, hereinafter “32” will be applied to refer to both the case and compartment however the compartment is regarded as the sidewalls which surround drawer 32) provided therein; and
a door (36) rotatably coupled to the outer case and configured to cover a front of the freezer compartment case and a front of the partition while closing the first inner space, wherein the freezer compartment case is provided so that the freezer compartment is open while the freezer compartment case is withdrawn from the second inner space and the freezer compartment is closed by the partition while the freezer compartment case is inserted into the second inner space,
wherein the freezer compartment includes a front portion (30) configured to cover a front of the freezer compartment, and a sealing member (seal shown in figure 4 between front 30 and the partition 155 and case at 62) provided on a back of the front portion that faces the inner case and configured to seal between the front portion and the inner case and partition at the insertion position,
wherein, while the freezer compartment case is inserted into the second inner space, the front portion (30) is configured to cover at least a portion of the partition (38 and 155 as shown in figure 4) from in front of the partition.
Further regarding the insertion and withdrawal positions closing and opening the freezer compartment and the insertion and withdrawal of the compartment case, as detailed above Stewart meets this limitation with the two part structure of a freezer compartment case and door. The examiner notes that the claim limitation describes the operation of a drawer.
For this reason Kim is provided. Kim discloses a refrigerator (1) with a compartment case (24) being withdrawable from second space (within 32) having a compartment (21) within a refrigerator compartment (9) the compartment case configured to: slide in a forward-backward direction between an insertion position at which the compartment case is inserted into the second inner space and closes the compartment and a withdrawal position at which the compartment case is withdrawn from the second inner space and opens the compartment (the embodiment of figure 3 shows compartment 21 which is configured as a drawer within case 20 and the insertion/withdrawal opens and closes the compartment). Moreover Kim provides an alternative embodiment in figure 4 where the compartment is open/closed with a door (discussed at the bottom of column 8).
It has been held that a "simple substitution of one known element for another to obtain predictable results” is obvious. In this instance the prior art provides for the element of a drawer. It is known in the art to substitute a door closure for a compartment for a drawer. The result of the substitution would have been predictable. MPEP 2143 B.
Stewart is silent concerning the sealing member including a magnet. Heckler discloses a sealing arrangement for a refrigerator having a sealing member (16) including a first magnetic body (20) and the refrigerator includes second and third magnetic bodies (25 and 26) provided at an inner surface (15) within foam insulation (28). It would have been obvious to one of ordinary skill in the art to have provided Stewart with the first magnetic body of Heckler at the sealing member and the second and third magnetic bodies of Heckler about the surface against which the drawer seals and thus includes the inner case and partition in order to hold the compartment in a closed position.
Regarding claim 20, Stewart discloses a refrigerator comprising:
a body (20) including:
an open front;
a partition (38 and 155) configured to partition the body into a first inner space and a second inner space so that the first inner space and the second inner space are insulated from each other,
an outer case and an inner case (shown throughout the figures the refrigerator body is constructed with an inner case and an outer case and insulation therebetween);
a door (36) rotatably coupled to the body to open and close the body;
a storage compartment (22) provided inside the body and including a refrigerator compartment and a freezer compartment (28 and/or 32; note the “meat tender” compartment is kept at about 30°F which is below freezing and is thus a freezer compartment) provided under the refrigerator compartment
a cooling chamber (cooling chamber is inclusive of the evaporator portion below the freezer compartment and air passages in rear wall of the refrigerator) provided inside the body;
an evaporator (56) provided in the cooling chamber and configured to generate cold air;
a blower fan (70) provided in the cooling chamber and configured to allow the generated cold air to flow to the storage compartment are disposed; and
a freezer compartment case (case 28 includes ice trays which are freezer compartments; case 32 is discussed as 32 however as shown in figure 3 several sidewalls form the case which supports compartment 32 on shelf 167, hereinafter “32” will be applied to refer to both the case and compartment however the compartment is regarded as the sidewalls which surround drawer 32) provided inside the body, configured to slide in a forward-backward direction to open and close the freezer compartment, and configured to communicate with the cooling chamber,
wherein the door (36) may cover a front of the freezer compartment case while closing the body,
wherein the freezer compartment case (28 or 32) includes a front portion (30 or 34) configured to cover a front of the freezer compartment, and a sealing member (unlabeled seal shown in figure 4 between 30 and the partition 155 and case at 62) provided on a back surface of the front portion that faces the inner case and configured to seal between the front portion and the inner case and the partition at the insertion position,
wherein at the insertion position, the front portion covers at least a portion of the partition from in front of the partition (as shown in figure 4 the front portion 30 covers a portion of 38).
Further regarding the insertion and withdrawal positions closing and opening the freezer compartment, as detailed above Stewart meets this limitation with the two part structure of a freezer compartment case and door. The examiner notes that the claim limitation describes the operation of a drawer.
For this reason Kim is provided. Kim discloses a refrigerator (1) with a compartment case (20) having a compartment (21) within a refrigerator compartment (9) the compartment case configured to: slide in a forward-backward direction between an insertion position at which the compartment case is inserted into the second inner space and closes the compartment and a withdrawal position at which the compartment case is withdrawn from the second inner space and opens the compartment (the embodiment of figure 3 shows compartment 21 which is configured as a drawer within case 20 and the insertion/withdrawal opens and closes the compartment). Moreover Kim provides an alternative embodiment in figure 4 where the compartment is open/closed with a door (discussed at the bottom of column 8).
It has been held that a "simple substitution of one known element for another to obtain predictable results” is obvious. In this instance the prior art provides for the element of a drawer. It is known in the art to substitute a door closure for a compartment for a drawer. The result of the substitution would have been predictable. MPEP 2143 B.
Stewart is silent concerning the sealing member including a magnet. Heckler discloses a sealing arrangement for a refrigerator having a sealing member (16) including a first magnetic body (20) and the refrigerator includes second and third magnetic bodies (25 and 26) provided at an inner surface (15) within foam insulation (28). It would have been obvious to one of ordinary skill in the art to have provided Stewart with the first magnetic body of Heckler at the sealing member and the second and third magnetic bodies of Heckler about the surface against which the drawer seals and thus includes the inner case and partition in order to hold the compartment in a closed position.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stewart (US 3,203,199), in view of Kim et al (US 8,028,538), in view of Heckler et al (US 11,112,165), and in further view of Domenig (US 5,490,724).
Regarding claim 12, Stewart as modified discloses the refrigerator of claim 1, but lacks a drawer rail arrangement. Domenig discloses a rail (10) configured to support a compartment case (the drawer) so that the compartment case is slidable between the insertion position and the withdrawal position, wherein the rail includes an inclined guide portion (32) formed to be inclined downward toward a rear of the inner space. It would have been obvious to one of ordinary skill in the art to have provided Stewart with the guide rail as taught by Domenig in order to support the case/drawer as well as retain a closed position by utilizing gravity and an inclined guide portion.
Regarding claim 13, Stewart and Domenig disclose: the rail further includes a horizontal guide portion (28 of Domenig) disposed in front of the inclined guide portion (32); and the horizontal guide portion is bent from one end at a front of the inclined guide portion and extends in a direction parallel to a forward-backward direction of the second inner space.
Regarding claim 14, Stewart and Domenig disclose the freezer compartment case (the drawer of Domenig as applied to Stewart) includes a case insertion portion (16 of Domenig) configured to insert into the rail and guided by the rail; and the case insertion portion includes a case inclined portion (30) formed to be inclined upward toward a front of the freezer compartment case.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stewart (US 3,203,199), in view of Kim et al (US 8,028,538), in view of Heckler et al (US 11,112,165), and in further view of Rotter (US 8,282,177).
Regarding claim 15, Stewart as modified discloses the refrigerator of claim 1, but lacks a closing device. Rotter discloses a self-close mechanism for a refrigerator drawer including an elastic spring. It would have been obvious to one of ordinary skill in the art to have provided Stewart with the self-closing mechanism of Rotter in order to automatically provide the drawer to the inserted position.
Regarding claim 16, Stewart and Rotter discloses the closing device includes: a closing body (30) fixed to an inner case, an elastic spring (36) including an end fixed to the closing body, and a puller (32) connected to another end of the elastic spring and provided to be movable in the forward-backward direction relative to the closing body, wherein the puller is configured to: in response to the freezer compartment case moving to the withdrawal position, move to a front and locked to the closing body, and in response to the freezer compartment case moving to the insertion position, unlock from the closing body, move to a rear, and pull the freezer compartment case toward the insertion position (the puller 32 of Rotter locks and unlocks relative to latch 68/70).
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive or rendered moot by the new grounds of rejection.
The instant claim amendment further details magnetic bodies for the use with the sealing member. Previously Foley was provided to teach a magnetic sealing arrangement. It was then noted that as per the Refrigerator Safety Act of 1956 a refrigerator must be openable from the inside. Since that time magnetic refrigerator closures have been far and away the most popular option for closing and sealing a refrigerator. Now Heckler is provided to teach a magnetic body arrangement where the magnets are provided within the insulator and correspond to the second and third magnetic bodies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kueng et al (US 2003/0107308) inclined drawer rail.
Lim et al (US 2008/0245079) special compartment drawer within refrigerator chamber.
Lyvers et al (US 2006/0017360) storage drawer arrangement.
Cizik et al (US 10,203,151) movable drawer, figures 11 and 12
Shin et al (US 9,328,951) refrigerator drawer with evaporator at rear.
Kang et al (US 8,015,839) cold air supply to refrigerator drawer.
Madigan (US 4,879,881) freezer compartment within refrigerator.
Shin et al (US 7,908,876) air supply to drawer within refrigerator.
Yang et al (US 10,047,999) inclined drawer rail.
Laible (US 9,885,202) magnetic sealing arrangement.
Veltrop (US 8,100,486) drawer magnetic seal.
Vellinga (US 12,331,985) drawer magnetic seal.
Tafoya et al (US 8,172,346) drawer magnetic seal.
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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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799