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 1/2/2026. The objections to the drawings have been withdrawn. Claims 1-5, 7-10, 12-18 remain pending for consideration on the merits.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-10, 12-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al (US 20210025641) in view of Kofele et al (US 20110113817).
Regarding claim 1, Thomas teaches a refrigerator (100) comprising: a storage compartment (128); and a machine room comprising a first machine room (210) and a second machine room (410) located side by side in a left-right direction of the refrigerator (fig. 7), a first condenser (240) located in the first machine room; a first compressor (238) located in the first machine room; a second condenser (240 in 410) located in the second machine room; a second compressor (238 located in 410) located in the second machine room; and an air inlet (212) configured to introduce air into the machine room, wherein the first condenser is located in front of the first compressor (fig. 3); wherein the second condenser is located in front of the second compressor (fig. 3), wherein air introduced into the first machine room is discharged outside the refrigerator through a first circulation path (216, 218, 214), wherein air introduced into the second machine room is discharged outside the refrigerator through a second circulation path (duplicate path for 410) but fails to explicitly teach the first circulation path and the second circulation path have circulation directions that are opposite to each other and wherein the air inlet, the first condenser, and the first compressor are aligned in a front back direction in the first air circulation path, and the air inlet, the second condenser, and the second compressor are aligned in a front back direction in the second air circulation path.
However, Kofele teaches the first circulation path (20 to 110) and the second circulation path (20, 210) have circulation directions that are opposite to each other (fig. 3) to provide a refrigerator and freezer with at least one base assembly component.
Therefore, it would have been obvious to a person skilled in the art at the time of the invention to modify the refrigerator of Thomas to include the first circulation path and the second circulation path have circulation directions that are opposite to each other in view of the teachings of Kofele to provide a refrigerator and freezer with at least one base assembly component.
The combined teachings teach the invention as described above but fails to explicitly teach and wherein the air inlet, the first condenser, and the first compressor are aligned in a front back direction in the first air circulation path, and the air inlet, the second condenser, and the second compressor are aligned in a front back direction in the second air circulation path.
However, Thomas teaches a circulation path of 212, 216, 218, 240, 238 (duplicated in 410 and the condenser and compressor are aligned front to back with the inlet offset) in Fig. 3 and Koefle teaches 20, 40, 120, 220, 110, 210 (with the inlet and structures offset) in Fig. 5. Therefore, when there are a finite number of identified, predictable solutions, i.e. align the inlet or offset inlet, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. cooling the compressor based in any of the locations, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)).
Regarding claim 2, the combined teachings teach a grille cover (32, 112, 212 of Kofele) located at a front surface of the machine room (fig. 1), the grille cover including: a first air outlet (110 of Kofele) and a second air outlet (210 of Kofele) on opposite sides of the air inlet, the first air outlet and the second air outlet being configured to discharge the introduced air to the outside (paragraph 0027 of Kofele).
Regarding claim 3, the combined teachings teach the air inlet is located at a center area of the machine room (fig .1 of Kofele) at a boundary surface (fig. 3 of Kofele) between the first machine room (100 of Kofele) and the second machine room (200 of Kofele), wherein the first air outlet is located at a first lateral surface area of the machine room at an outer lateral surface of the first machine room (fig. 1 of Kofele), and wherein the second air outlet is located at a second lateral surface area of the machine room at an outer lateral surface of the second machine room (fig. 1 of Kofele).
Regarding claim 4, the combined teachings teach air circulating in the first circulation path is introduced through the air inlet and discharged through the first air outlet (20 to 110 of Kofele), and wherein air circulating in the second circulation path is introduced through the air inlet and discharged through the second air outlet (20 to 210 of Kofele).
Regarding claim 5, the combined teachings teach a partition wall (90 of Kofele) extending in a front-rear direction of the machine room to partition the machine room into the first machine room and the second machine room (fig. 3 and 5 of Kofele); wherein the first condenser and the first compressor are located adjacent to the partition wall (fig. 5 of Kofele), and wherein the second condenser and the second compressor are located adjacent to the partition wall (fig. 5 of Kofele).
Regarding claim 7, the combined teachings teach the grille cover further comprises: a first partition portion (unnumbered partition between 210 and 110, fig. 3 of Kofele) extending between the air inlet and the first air outlet in a vertical direction; and a second partition portion (unnumbered partition between 210 and 110, fig. 3 of Kofele) extending between the air inlet and the second air outlet in the vertical direction.
Regarding claim 8, the combined teachings teach a first front surface air guide (outline around condenser 120 and 24 fig. 3 of Thomas) located behind the first partition portion in the first machine room; and a second front surface air guide (outline around condenser 220 and 24 fig. 3 of Thomas) located behind the second partition portion in the second machine room, wherein the first partition portion extends rearward to the first front surface air guide (fig. 3 of Kofele), and wherein the second partition portion extends rearward to the second front surface air guide (fig. 3 of Kofele).
Regarding claim 9, the combined teachings teach the first front surface air guide and the second front surface air guide have flat surfaces (figs. 3 and 5 of Kofele) extending in the front-rear direction.
Regarding claim 10, the combined teachings teach the first condenser and the first compressor are located between the partition wall and the first front surface air guide (figs. 3 and 5 of Kofele), and wherein the second condenser and the second compressor are located between the partition wall and the second front surface air guide (figs. 3 and 5 of Kofele).
Regarding claim 12, the combined teachings teach a first defrost water tray (50 of Kofele) located behind the first air outlet, and a second defrost water tray (50 of Kofele) located behind the second air outlet.
Regarding claim 13, the combined teachings teach a first rear surface air guide having a curved portion facing the first condenser (figs. 3 and 5 of Kofele), the first rear surface air guide being located at a corner between an outer lateral surface of the first machine room and a rear surface of the first machine room (figs. 3 and 5 of Kofele), the first defrost water tray being located between the first rear surface air guide and the first compressor (figs. 3 and 5 of Kofele); and a second rear surface air (figs. 3 and 5 of Kofele) having a planar surface (figs. 3 and 5 of Kofele) extending in a front-rear direction in the second machine room (figs. 3 and 5 of Kofele) the second defrost water tray being located between the second rear surface air guide and the second condenser (figs. 3 and 5 of Kofele).
Regarding claim 14, the combined teachings teach in plan view, a distance between a lateral surface of the second defrost water tray and the second rear surface air guide is shorter than a distance between a lateral surface of the first defrost water tray and the first rear surface air guide (figs. 3 and 5 of Kofele).
Regarding claim 15, the combined teachings teach, in plan view, an overlapping length of a lateral surface of the second defrost water tray and the second rear surface air guide is greater than an overlapping length of a lateral surface of the first defrost water tray and the first rear surface air guide (figs. 3 and 5 of Kofele).
Regarding claim 16, the combined teachings teach at least one door (124, 324 of Thomas) to open and close the storage compartment, the at least one door being located in front of a front surface of the grille cover (fig. 7 of Thomas) so as to cover at least a portion of the grille cover (fig. 7 of Thomas).
Regarding claim 17, the combined teachings teach the grille cover comprises a plurality of guide ribs (unnumbered ribs, fig. 7 of Thomas, 112, 212 of Kofele)) extending in the left-right direction, the plurality of guide ribs being spaced apart from each other in a vertical direction, each of the plurality of guide ribs being inclined upward in a rearward direction (paragraph 0024 of Kofele).
Regarding claim 18, the combined teachings teach the storage compartment includes a freezer compartment (fresh or freezer, paragraph 0021, 0039 of Thomas) and a refrigerator compartment (fresh or freezer, paragraph 0021, 0039 of Thomas), wherein the first machine room is in fluid communication with the freezer compartment (paragraph 0039-0040 of Thomas), and wherein the second machine room is in fluid communication with the refrigerator compartment (paragraph 0039-0040 of Thomas).
Response to Arguments
Applicant's arguments filed in the reply have been fully considered but they are not persuasive.
In response to applicant’s arguments that the reference does not teach “wherein the air inlet, the first condenser, and the first compressor are aligned in a front back direction in the first air circulation path, and the air inlet, the second condenser, and the second compressor are aligned in a front back direction in the second air circulation path”, the Examiner disagrees.
Thomas teaches a circulation path of 212, 216, 218, 240, 238 (duplicated in 410 and the condenser and compressor are aligned front to back with the inlet offset) in Fig. 3 and Koefle teaches 20, 40, 120, 220, 110, 210 (with the inlet and structures offset) in Fig. 5. Therefore, when there are a finite number of identified, predictable solutions, i.e. align the inlet or offset inlet, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. cooling the compressor based in any of the locations, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)). Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763