Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/428,034 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4, 12, 13, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3-5, 12, 13, 16-20 define that the transition between the first damping force and the second damping force happens when an angular speed of the door becomes less than a set speed. This implies that there must be a system inside the refrigerator that must deliberately act depending on the angular speed of the door, such as an angular speed sensor. As this sort of system is not disclosed in the application, the present application relates to the transition between the different damping forces based on the position of the door which corresponds to the position of the piston inside the damper cylinder {see for example figure 13).
The angular speed can at best be an outcome of this position. Therefore, there is no support in the description for a transition deliberately happening based on angular speed. Alternatively, it can also be argued that a transition based on angular speed is not disclosed sufficiently to enable the skilled person of apply this teaching. itis not understood how the refrigerator detects and acts upon the angular speed of the door.
Claims 3, 4, 13, 17, 18, and 19 recite the term “timepoint” that renders the claims indefinite since it is unclear if this is unnecessary adjective associated with the “when” statement or if this relates to a sensor, processor, etc.
Claims 3 and 10-13 recite the phrase “set angle” that renders the claims indefinite since it is unclear if this is an angle defined by geometry or set by a user somehow.
Claims 3, 16, and 20 recite the phrase “set speed” that renders the claims indefinite since it is unclear if this is a speed defined by structure or set by a user somehow.
Claims 4, 5, 12, 13, 17-20 recite a pillar and that the damper “responds/changes” to the position of the pillar which is considered to be indefinite since there is no physical or electrical connection between the pillar and the damper and therefore any response is designed into conditions or positions of the damper itself.
Claims 14 and 20 recite the phrase “set distance” that renders the claims indefinite since it is unclear if this is a distance defined by structure or set by a user somehow.
Claims 17 recite the phrase “set time range” that renders the claim indefinite since it is unclear how time is kept track of by the system and/or is set by a user somehow.
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.
Claim(s) 1-3, 5-8, 10, 11, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Patent EP 1884614 to Liebherr.
Liebherr teaches
1. A refrigerator (Figure 1), comprising: a cabinet (2) having a storage compartment; a door (4) rotatably connected to the cabinet to open and close the storage compartment; and a damper (12) configured to provide a damping force to resist the movement of door as the door rotates in a closing direction, the damping force including a first damping force having a first magnitude and a second damping force having a second magnitude that is less than the first magnitude, wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force (figure 4, par 19, first damping force in region C or G, second damping force in region D or H).
2. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the first damping operation and the second damping operation are performed consecutively (as best seen in figures 3-4, par 19, piston 50).
3. wherein, as the door rotates in the closing direction, the damping force provided by the damper changes from the first damping force to the second damping force at a timepoint when an angle formed by a front surface of the cabinet and the door becomes a set angle or less, or the damping force provided by the damper changes from the first damping force to the second damping force at a timepoint when an angular speed of the door becomes a set speed or less.
5. wherein the second magnitude of the second damping force is less than a magnitude of a third damping force that acts on the door as the pillar contacts the cabinet, or a total of the magnitude of the third damping force that acts on the door as the pillar contacts the cabinet and the second magnitude of the second damping force is equal to or less than the first magnitude of the first damping force (as best seen in figures 1, 4, damper 12 at the door 4).
6. wherein the damper is located at the door (as best seen in figure 1, damper 12 including the arm 26 pressed by the hinge bracket 5).
7. wherein the refrigerator further comprises a hinge assembly (3, 5) configured to rotatably connect the door to the cabinet, and wherein the damper is configured to generate the damping force while being pressed by the hinge assembly.
8. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, wherein the damper includes: a cylinder configured to accommodate fluid in an inner space thereof; and a piston configured to compress the fluid while moving in the inner space of the cylinder to generate the damping force, and wherein the damper is configured to transition between the first damping operation and the second damping operation based on a change in a position of the piston in the inner space of the cylinder (see figure 4, the comparison between curves v1 and v2, showing the larger damping force applied when angular speed is hinger, thus when the angular speed falls below a set speed, the damping force is reduced).
10. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when an angle formed by a front surface of the cabinet and the door is a set angle or less.
11. wherein the damper is configured to: operate based on the first damping operation when the door is in a first section that is a point at which the damper starts to operate and a point at which the angle between the front surface of the cabinet and the door is the set angle; and operate based on the second damping operation when the door is in a second section that is between a point at which the door closes the storage compartment and the point at which the angle between the front surface of the cabinet and the door is the set angle.
14. wherein the damper comprises: a housing configured to accommodate fluid; and a piston configured to compress the fluid while moving in the housing to generate the damping force, wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when a distance moved by the piston is a set distance or greater. (see figure 3, housing 12, fluid 53, piston 50, first section 61, second section 63)
15. wherein an inner space of the housing includes: a first inner diameter section; and a second inner diameter section, an inner diameter of the second inner diameter section being greater than an inner diameter of the first inner diameter section, wherein the first inner diameter section and the second inner diameter section are arranged along a direction in which the piston moves, wherein, when the distance moved by the piston is less than the set distance, the piston moves in the first inner diameter section, and wherein, when the distance moved by the piston is the set distance or greater, the piston moves in the second inner diameter section. (see figure 3, housing 12, fluid 53, piston 50, first section 61, second section 63)
16. wherein the damper is configured to operate based on at least any one of a first damping operation to provide the first damping force and a second damping operation to provide the second damping force, and wherein, as the door rotates in the closing direction, the damper is configured to transition between the first damping operation and the second damping operation when an angular speed of the door is a set speed or less.
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.
Claim(s) 4, 5, 12, 13, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Patent EP 1884614 to Liebherr in view of US Patent Publication 2021/0364223 to Oh.
Liebherr discloses every element as claimed and discussed above except a pillar.
Oh teaches
A French door style refrigerator having a door (20) with a rotating pillar (203) for sealing between the doors (20b, 20a) as best seen in figure 5 (par 72). A hinge assembly (figure 6) connect the door to the cabinet an includes a damper (46).
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the refrigerator of Liebherr to a French door style refrigerator with a rotating pillar between the doors as taught by Oh to shield the space (seal the cooling chamber).
The examiner considers that there is no direct connection between the pillar and the hinge and therefore any response from the hinge or damper based on the position of the pillar is design choice that is already in the design of the damper of Liebherr as best understood due to the 112 issues described above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637
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