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 10/02/2025. The 35 U.S.C. 112b rejection is withdrawn. Claims 4, 6-8 and 19 are cancelled. Claims 1-3, 5, 9-18 and 20 remain pending for consideration on the merits.
Claim Objections
Claims 1-3, 5, 9-18 and 20 are objected to because of the following informalities: The MPEP states in part that (a) Papers that are to become a part of the permanent United States Patent and Trademark Office records in the file of a patent application, or a reexamination or supplemental examination proceeding. All papers, other than drawings, that are submitted on paper or by facsimile transmission, and are to become a part of the permanent United States Patent and Trademark Office records in the file of a patent application or reexamination or supplemental examination proceeding, must be on sheets of paper that are the same size, not permanently bound together, and: (ii) Either 21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8 ½ by 11 inches), with each sheet including a top margin of at least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right side margin of at least 2.0 cm (3/4 inch), and a bottom margin of at least 2.0 cm (3/4 inch). The application papers are objected to because the claims have line numbers in the left margin and the amendments to claims 1-3, 5, 9-18 and 20 has track changes lines in the left margin, see MPEP 608.01. Appropriate correction is required.
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 non-obviousness.
Claims 1-3, 11-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al (US 9074810 B2, hereinafter Hwang) in view of Besore et al (US 20180224186 A1, hereinafter Besore) and Pink (US 4671078 A, hereinafter Pink).
Regarding claim 1, Hwang teaches a refrigerator appliance (refrigerator 10) comprising: a cabinet (main body 11) defining a refrigeration cavity (cavity within main body 11, figure 1) having side-by-side first and second compartments (left side of compartment 111 and right side of compartment 111, figure 1); one or more shelves (shelves 112) disposed in the first compartment (right side of compartment 111, figure 1); a pullout-drawer assembly (pantry 20) associated with the second compartment (left side of compartment 111, figure 1), the assembly including a cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2) slidably connected (via rail parts 235-236, figure 1) to the second compartment such that the cradle is horizontally slidable in a front-to-rear direction (pantry assembly 20 is completely retracted in the refrigerator compartment 111, col 6 lines 30-32) between an open position (figure 1) in which the cradle projects from the second compartment (projecting outward from left side of compartment 111, as shown on figure 1) and a closed position (as shown on figure 6) in which the cradle is fully received with the second compartment (as shown on figure 6), wherein the cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2) defines at least one bin (baskets 224, figure 2) configured to store a food item (an object can be stored in the front portion of the basket 224, col 7 line 7).
Hwang teaches the invention as described above but fail to teach a cold-air system including a first duct having a first vent opening into the first compartment.
However, Besore teaches a cold-air system (sealed system 190) including a first duct (first supply duct 232) having a first vent opening (as shown on figures 3-4 and 6) into the first compartment (compartment 180, corresponding to left side of compartment 111 of Hwang).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the teachings of Hwang to include a cold-air system including a first duct having a first vent opening into the first compartment in view of the teachings of Besore in order to yield the predictable results of providing cooling air to the compartments.
The combined teachings teach the invention as described above but fail to teach a second duct having a second vent opening into the second compartment to provide cool air to each of the at least one bin, a flow guide arranged on the cradle to interface with the second duct and defining a channel open to the second duct to receive air from the cold-air system and provide air to the at least one bin, the channel having a cross-sectional diameter that decreases as it extends from the second duct to each of the at least one bin.
However, Pink teaches a second duct (air duct leg 96) having a second vent opening (port 92) into the second compartment (compartment 14) to provide cool air to each of the at least one bin (container 102), a flow guide (conduit 100) arranged on the cradle (to keeper 90, figures 6-7) to interface with the second duct (figures 6-7) and defining a channel (chamber 144) open to the second duct (figures 6-7) to receive air from the cold-air system (refrigeration loop, figure 2) and provide air to the at least one bin (figure 2), the channel (chamber 144) having a cross-sectional diameter (figures 6-7) that decreases as it extends from the second duct to each of the at least one bin (as shown on figures 6-7).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the teachings of Hwang to include a second duct having a second vent opening into the second compartment to provide cool air to each of the at least one bin, a flow guide arranged on the cradle to interface with the second duct and defining a channel open to the second duct to receive air from the cold-air system and provide air to the at least one bin, the channel having a cross-sectional diameter that decreases as it extends from the second duct to each of the at least one bin in view of the teachings of Pink in order to yield the predictable results of allowing cold air to be introduced into the refrigerated food compartment through a port in the back wall of the liner.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured 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 2, the combined teachings teach wherein the pullout-drawer assembly (pantry 20 of Hwang) further includes a door (pantry door 21 of Hwang) that seats against the cabinet (seats on main body 11, as shown on figure 6 of Hwang) when the cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2 of Hwang) is in the closed position (as shown on figure 6 of Hwang).
Regarding claim 3, the combined teachings teach wherein the at least one bin (baskets 224, figure 2 of Hwang) is a plurality of vertically arranged bins (as shown on figure 2 of Hwang).
Regarding claim 11, the combined teachings teach further comprising a divider (mullion 176, figure 3 of Besore) separating the first (compartment 180 of Besore, corresponding to left side of compartment 111 of Hwang) and second compartments (compartment 182 of Besore, corresponding to right side of compartment 111 of Hwang).
Regarding claim 12, the combined teachings teach wherein the pullout-drawer assembly (pantry 20 of Hwang) further includes a slider (via rail parts 235-236, figure 1 of Hwang) having a first rail (stationary rails, col 5 lines 34-36 of Hwang) fixed to the second compartment (stationary rails, which are coupled to the second rail part 236, are installed on the bottom surface of the refrigerator compartment 111, col 5 lines 34-36 of Hwang) and a second rail (second rail part 236 of Hwang) fixed to the cradle (as shown on figure 3 of Hwang), wherein the first and second rails are configured to slide relative to each other to move the cradle between the open and closed positions (stationary rails, which are coupled to the second rail part 236, are installed on the bottom surface of the refrigerator compartment 111 to facilitate a back-and-forth movement of the pantry assembly 20, col 5 lines 34-39 of Hwang).
Further, it is understood, claim 12 includes an intended use recitation, for example “…configured 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 13, the combined teachings teach wherein the cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2 of Hwang) is rectangular (as shown on figure 3 of Hwang) having a back member (rear portion of baskets 234, figure 2 of Hwang), a front member (front portion abutting to door 21, figure 2 of Hwang), a top member (upper frame 222 of Hwang), and a bottom member (lower plate 221 of Hwang).
Regarding claim 16, the combined teachings teach, as modified, a refrigerator appliance (refrigerator 10 of Hwang) comprising: refrigeration cavity (cavity within main body 11, figure 1 of Hwang); a divider (mullion 176, figure 3 of Besore) received in the cavity to form first (compartment 180 of Besore, corresponding to left side of compartment 111 of Hwang) and second compartments (compartment 182 of Besore, corresponding to right side of compartment 111 of Hwang); a pullout-drawer assembly (pantry 20 of Hwang) associated with the second compartment (left side of compartment 111, figure 1 of Hwang), the assembly including a cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2 of Hwang) that is slidable into and out of the second compartment (via rail parts 235-236, figure 1 of Hwang); a food-storage bin (baskets 224, figure 2 of Hwang) supported on the cradle (figure 2 of Hwang); and a cold-air system (sealed system 190 of Besore) including a first duct (first supply duct 232 of Besore) having a first vent opening (as shown on figures 3-4 and 6 of Besore) into the first compartment (compartment 180, corresponding to left side of compartment 111 of Hwang), and a second duct (air duct leg 96 of Pink) having a second vent opening (port 92 of Pink) into the second compartment (compartment 14 of Pink) to provide cool air to each of the at least one bin (container 102 of Pink), a flow guide (conduit 100 of Pink) arranged on the cradle (to keeper 90, figures 6-7 of Pink) to interface with the second duct (figures 6-7 of Pink) and defining a channel (chamber 144 of Pink) open to the second duct (figures 6-7 of Pink) to receive air from the cold-air system (refrigeration loop, figure 2 of Pink) and provide air to the at least one bin (figure 2 of Pink), the channel (chamber 144 of Pink) having a cross-sectional diameter (figures 6-7 of Pink) that decreases as it extends from the second duct to each of the at least one bin (as shown on figures 6-7 of Pink).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang as modified by Besore and Pink as applied to claim 1 above and in further view of Wang et al (US 20240261832 A1, hereinafter Wang).
Regarding claim 5, the combined teachings teach the invention as described above but fail to teach comprising a gasket circumscribing the second vent, wherein, when the cradle is in the closed position, the gasket engages with the channel of the flow guide.
However, Wang teaches further comprising a gasket (gaskets, paragraph 0056) circumscribing the second vent (ports 120A, paragraph 0056), wherein, when the cradle is in the closed position (figure 1), the gasket engages with channel of the flow guide (gaskets can be used with the ports 118A/118B and 120A/120B to ensure a good seal, paragraph 0056, interpreted as the channel within the ports 118A/B and 120A/B).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include comprising a gasket circumscribing the second vent, wherein, when the cradle is in the closed position, the gasket engages with the channel of the flow guide in view of the teachings of Wang in order to yield the predictable results of adding a benefit of cooling down the bucket/system which is a useful result at the end of the cycle.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang as modified by Besore and Pink as applied to claim 1 above and in further view of Benitsch et al (US 20210254890 A1, hereinafter Benitsch).
Regarding claim 9, the combined teachings teach the invention as described above but fail to teach wherein the flow guide is formed of a different material than the cradle.
However, Benitsch teaches wherein the flow guide (ventilation slot 36) is formed of a different material (one of the ordinary skill in the art would determine that the ventilation slot would be made of an insulating material such as foam to enable an item stored thereupon to be temperature-controlled in a particularly targeted manner, as described in paragraph 0016) than the cradle (bottle storage rail 31 be made of plastic, paragraph 0079).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the flow guide is formed of a different material than the cradle in view of the teachings of Benitsch in order to yield the predictable results of enabling an item stored thereupon to be temperature-controlled in a particularly targeted manner.
Regarding claim 10, the combined teachings teach wherein the flow guide (ventilation slot 36 of Benitsch) is formed of foam (one of the ordinary skill in the art would determine that the ventilation slot would be made of an insulating material such as foam to enable an item stored thereupon to be temperature-controlled in a particularly targeted manner, as described in paragraph 0016 of Benitsch).
Claims 14, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang as modified by Besore and Pink as applied to claim 13 above and in further view of Lindbo (US 20160286998 A1, hereinafter Lindbo).
Regarding claim 14, the combined teachings teach the invention as described above but fail to teach wherein the back member is hollow and has opposing first and second panels defining first and second openings, respectively, that are aligned with each other, the cradle further having a flow guide disposed in the back member and defining a channel that extends from the first opening to the second opening.
However, Lindbo teaches wherein the back member is hollow (back member of refrigerated compartment 6 in hollow form, as shown on figure 5) and has opposing first and second panels (as illustrated below on figure 5) defining first and second openings (left and right openings, as shown on figure 5), respectively, that are aligned with each other (as shown on figure 5), the cradle (drawer 19, corresponding to cycler 106A/106B of Wang) further having a flow guide (flow guide from duct 11 to refrigerated compartment 6, figure 5) disposed in the back member (back member of refrigerated compartment 6 in hollow form, as shown on figure 5) and defining a channel (within duct 11, figure 5) that extends from the first opening to the second opening (an air circulating plenum where the air within the refrigerated compartment 6 circulates through the plenum and evaporator via the ducts 11, as described on paragraph 0025).
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Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the back member is hollow and has opposing first and second panels defining first and second openings, respectively, that are aligned with each other, the cradle further having a flow guide disposed in the back member and defining a channel that extends from the first opening to the second opening in view of the teachings of Lindbo in order to yield the predictable results of allowing the air to circulate to the refrigerated compartment via the duct.
Regarding claim 18, the combined teachings teach wherein the cradle (drawer 19 of Lindbo, corresponding to cycler 106A/106B of Wang) has a hollow backwall (hollow back portion, figure 5 of Lindbo) having opposing first and second panels (as illustrated above on figure 5 of Lindbo) that are aligned with each other (as shown on figure 5 of Lindbo), the flow guide (flow guide from duct 11 to refrigerated compartment 6, figure 5 of Lindbo) disposed in the backwall (back wall of refrigerated compartment 6 in hollow form, as shown on figure 5 of Lindbo).
Regarding claim 20, a refrigerator appliance (refrigerator 10 of Hwang) comprising: a fresh-food compartment (refrigerator compartment 111 of Hwang); and a pullout-drawer assembly (pantry 20 of Hwang) slidable received within the compartment (via rail parts 235-236, figure 1 of Hwang), the assembly including: a cradle (comprised of lower plate 221, upper frame 222 and edge frames 223, figure 2 of Hwang) having a front member (front portion abutting to door 21, figure 2 of Hwang), a back member (rear portion of baskets 234, figure 2 of Hwang), a top member (upper frame 222 of Hwang), and a bottom member (lower plate 221 of Hwang), wherein the back member is hollow (back member of refrigerated compartment 6 in hollow form, as shown on figure 5 of Lindbo), a plurality of stacked bins (multiple baskets 224, figure 2 of Hwang) vertically arranged within the cradle (as shown on figure 2 of Hwang); a flow guide (flow guide from duct 11 to refrigerated compartment 6, figure 5 of Lindbo) disposed in the back member (back member of refrigerated compartment 6 in hollow form, as shown on figure 5 of Lindbo) and defining an air channel (within duct 11, figure 5 of Lindbo); a flow guide (conduit 100 of Pink) disposed in the back member (liner 24, figures 6-7 of Pink) and defining an air channel (chamber 144 of Pink) the air channel having a cross-sectional diameter (as shown on figures 6-7) that decreases as it extends from the back duct and opens to at least one of the bins (as shown on figures 6-7 of Pink), and an air vent (vents of ports 118A/118B, figure 1 of Wang) arranged to supply an air stream to the channel (as described in paragraph 0055 of Wang) when the pullout-drawer assembly (system 100 including cyclers 106A/106B, figure 1 of Wang) is closed (as shown on figure 1 of Wang).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang as modified by Besore and Pink as applied to claim 13 above and in further view of Nichols et al (US 20220354249 A1, herein after Nichols).
Regarding claim 15, the combined teachings teach the invention as described above but fail to teach wherein the front member defines a first holder and the back member defines a second holder, wherein the bin is supported on the first and second holders.
However, Nichols teaches wherein the front member (front post segment 40, figure 1) defines a first holder (rail gripping grooves 48, figure 1) and the back member (rear post segment 40, figure 1) defines a second holder (rail gripping grooves 48, figure 1), wherein the bin (shelves 20, figure 1) is supported on the first and second holders (as shown on figure 1).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the front member defines a first holder and the back member defines a second holder, wherein the bin is supported on the first and second holders in view of the teachings of Nichols in order to yield the predictable results of providing horizontal supports to accommodate varying dimensions and weights of stored items.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang as modified by Besore and Pink as applied to claim 16 above and in further view of Hu et al (US 20170059228 A1, hereinafter Hu).
Regarding claim 17, the combined teachings teach the invention as described above but fail to teach wherein the divider defines an opening so that the first and second compartment are in fluid communication.
However, Hu teaches wherein the divider (barrier 11) defines an opening (via damper 40, figure 3) so that the first (compartment 12) and second compartment (compartment 13) are in fluid communication (paragraph 0035).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the divider defines an opening so that the first and second compartment are in fluid communication in view of the teachings of Hu in order to yield the predictable results of enabling cold air at an upper portion of the freezer compartment to be introduced into the refrigeration compartment.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
/DARIO ANTONIO DELEON/Examiner, Art Unit 3763