Prosecution Insights
Last updated: October 02, 2026
Application No. 18/516,287

REFRIGERATOR APPLIANCE

Final Rejection §103
Filed
Nov 21, 2023
Examiner
MALLON, BRETT PETERSON
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
WHIRLPOOL Corporation
OA Round
2 (Final)
65%
Grant Probability
Moderate
3-4
OA Rounds
1m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
94 granted / 145 resolved
-5.2% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
170
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
63.6%
+23.6% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 145 resolved cases

Office Action

§103
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 of Claims In the response dated 05/28/2026, the status of the claims are as follows: Claims 2, 6, 9, 12, 14, 16, and 19 have been amended. Claims 3, 7, 10, 13, 15, 20 have been cancelled. Claims 21-26 have been newly added. Claims 1-2, 4-6, 8-9, 11-12, 14, 16-19, 21-26 are pending. Response to Arguments Applicant's arguments, filed 05/28/2026, with respect to the 35 USC § 103 rejections have been fully considered but they are not persuasive. Applicant argues “The claims require that the air damper be disposed within the air duct itself and configured to control airflow through the air duct. In contrast, Yang merely discloses a damper positioned over an opening. This distinction is not merely an arbitrary placement of components. A damper disposed within an air duct interacts directly with airflow passing through the duct and regulates airflow within a defined airflow passage. By comparison, a damper covering an opening does not provide the same internal airflow regulation arrangement. Accordingly, the claimed arrangement changes the manner in which airflow is directed and controlled within the airflow management assembly”. However, this is not found persuasive, as a damper covering an opening also interacts directly with airflow passing through the duct and regulates airflow within a defined airflow passage. Specifically, the air inlet damper 700 of Yang swings open to allow airflow out of air inlet 400 and into storage room 250, but swing closed under gravity prevent air in storage room 250 from passing back through the air inlet 400. Applicant has not shown how this arrangement “does not provide the same internal airflow regulation arrangement”. Therefore, this damper reads on being “configured to control airflow through the air duct”, and the placement of the damper within the duct is regarded as a matter of design choice. 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, 8, 16-17, and 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN113819707A), referring to the English translation dated 04/14/2026, in view of Jung (US20220404086A1). Regarding claim 1, Yang teaches a refrigerator (refrigerator 900, fig. 4) comprising: a cabinet defining an internal cavity (box body 910 comprising plurality of storage compartments 911, fig. 4); a drawer receptacle disposed within the internal cavity (storage assembly 100, fig. 1-4), the drawer receptacle defining (i) an opening along a forward end of the drawer receptacle (forward opening 321) and (ii) a cutout along a rearward end of the drawer receptacle (cutout for air inlet 400, fig. 1); and an assembly having a panel (i) secured to the drawer receptacle (panel of air inlet 400 secured to wall plate 212 of storage assembly 100) and (ii) disposed over the cutout such that (a) a front side of the panel faces internally and into the drawer receptacle and (b) a rear side of the panel faces externally and away from the drawer receptacle (front side of air inlet 400 faces into storage assembly 100, rear side of air inlet 400 faces away from storage assembly 100; fig. 1), an air damper configured to control airflow through the air duct (air inlet damper 700); and a drawer slidable into and out of the drawer receptacle along the opening (first storage container 200, second storage container 300) Yang does not teach an air duct (i) secured to the panel, (ii) extending between the front and rear sides of the panel, and (iii) configured to direct air into the drawer receptacle, and an air damper disposed within the air duct and configured to control airflow through the air duct Jung teaches an air duct (i) (fixed frame 454, figs. 12-13) secured to the panel (shroud 410), (ii) extending between the front and rear sides of the panel (flowing through first vent part 212; “first vent part 212 consists of a plurality of vent holes 216 passing through front and back in the front portion of the grille plate 200” [0140]), and (iii) configured to direct air into the drawer receptacle (“grille fan module 400 for supplying cool air to the storage part 112”) [0104], and Yang teaches “the storage assembly 100 further includes a fan (not shown in the figure), which is arranged at the air inlet 400 to promote the cooling airflow to be quickly blown into the first storage space 210 and pass through the airflow channel 340 in the first storage space 210” [0069], however does not further describe the structure of the fan. Jung teaches a similar first vent part 212 to the air inlet 400 of Yang, further showing a grille fan module 400 fixed to the rear side of grille plate 200 for distributing airflow into a storage space. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the grille fan module 400 structure of Jung to the air inlet 400 of storage assembly 100 of Yang, in order to provide a simple and removable mounting structure for the fan assembly. Yang, as modified, discloses the claimed invention except for “an air damper disposed within the air duct and configured to control airflow through the air duct”. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the air inlet damper 700 of Yang, as modified, as claimed (i.e. recessed within air inlet 400), since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the air inlet damper 700 of Yang would effectively perform the same function as claimed, despite covering the air duct instead of being arranged within the air duct; In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), wherein the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice. Therefore, the claim is given no distinguishable patentability. Regarding claim 8, Yang, as modified, teaches a refrigerated pantry (refrigerator 900, fig. 4) comprising: a receptacle (storage assembly 100, fig. 1-4) defining (i) a first opening configured to receive a drawer (forward opening 321) and (ii) a second opening (cutout for air inlet 400, fig. 1); a panel (i) secured to the receptacle (panel of air inlet 400 secured to wall plate 212 of storage assembly 100) and (ii) disposed over the second opening such that (a) a first side of the panel faces into the receptacle and (b) a second side of the panel faces away from the receptacle (front side of air inlet 400 faces into storage assembly 100, rear side of air inlet 400 faces away from storage assembly 100; fig. 1); and Yang does not teach a damper box (i) secured to the panel, (ii) extending between the first and second sides of the panel, (iii) configured to route air into the receptacle, and (iv) housing a damper configured to control an airflow quantity into the receptacle Jung teaches a damper box (i) secured to the panel (fixed frame 454, figs. 12-13), (ii) extending between the first and second sides of the panel (flowing through first vent part 212; “first vent part 212 consists of a plurality of vent holes 216 passing through front and back in the front portion of the grille plate 200” [0140]), (iii) configured to route air into the receptacle (“grille fan module 400 for supplying cool air to the storage part 112”) [0104] Yang teaches “the storage assembly 100 further includes a fan (not shown in the figure), which is arranged at the air inlet 400 to promote the cooling airflow to be quickly blown into the first storage space 210 and pass through the airflow channel 340 in the first storage space 210” [0069], however does not further describe the structure of the fan. Jung teaches a similar first vent part 212 to the air inlet 400 of Yang, further showing a grille fan module 400 fixed to the rear side of grille plate 200 for distributing airflow into a storage space. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the grille fan module 400 structure of Jung to the air inlet 400 of storage assembly 100 of Yang, in order to provide a simple and removable mounting structure for the fan assembly. Yang, as modified, discloses the claimed invention except for “a damper box (iv) housing a damper configured to control an airflow quantity into the receptacle”. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the air inlet damper 700 of Yang, as modified, within the damper box as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the air inlet damper 700 of Yang would effectively perform the same function as claimed, despite covering the damper box instead of being arranged within the damper box; In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), wherein the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice. Therefore, the claim is given no distinguishable patentability. Regarding claim 16, Yang teaches a refrigerator (refrigerator 900, fig. 4) comprising: a cabinet (box body 910); a first receptacle (i) disposed within the cabinet (storage assembly 100, fig. 1-4), (ii) configured to slidably receive a drawer (first storage container 200, second storage container 300), and (iii) a defining a cutout (cutout for air inlet 400, fig. 1); and an assembly having a panel (i) secured to the first receptacle (panel of air inlet 400 secured to wall plate 212 of storage assembly 100) and (ii) disposed over the cutout such that (a) a front side of the panel faces into the first receptacle and (b) a rear side of the panel faces away from the first receptacle (front side of air inlet 400 faces into storage assembly 100, rear side of air inlet 400 faces away from storage assembly 100; fig. 1) Yang does not teach a second receptacle (i) secured to the panel, (ii) configured to receive a damper, (iii) defining openings, and (iv) configured to direct air from the rear side of the panel toward the front side of the panel and into the first receptacle via the openings Jung teaches a second receptacle (i) (fixed frame 454, figs. 12-13) secured to the panel (shroud 410), (iii) defining openings, and (iv) configured to direct air from the rear side of the panel toward the front side of the panel and into the first receptacle via the openings (flowing through first vent part 212; “first vent part 212 consists of a plurality of vent holes 216 passing through front and back in the front portion of the grille plate 200” [0140]; “grille fan module 400 for supplying cool air to the storage part 112”) [0104] Yang teaches “the storage assembly 100 further includes a fan (not shown in the figure), which is arranged at the air inlet 400 to promote the cooling airflow to be quickly blown into the first storage space 210 and pass through the airflow channel 340 in the first storage space 210” [0069], however does not further describe the structure of the fan. Jung teaches a similar first vent part 212 to the air inlet 400 of Yang, further showing a grille fan module 400 fixed to the rear side of grille plate 200 for distributing airflow into a storage space. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the grille fan module 400 structure of Jung to the air inlet 400 of storage assembly 100 of Yang, in order to provide a simple and removable mounting structure for the fan assembly. Yang, as modified, discloses the claimed invention except for “a second receptacle (ii) configured to receive a damper”. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the air inlet damper 700 of Yang, as modified, within a second receptacle as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the air inlet damper 700 of Yang would effectively perform the same function as claimed, despite covering a second receptacle instead of being received within the second receptacle; In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), wherein the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice. Therefore, the claim is given no distinguishable patentability. Regarding claim 17, Yang, as modified, does not teach he refrigerator of claim 16 further comprising a temperature sensor secured to the front side of the panel and facing into the first receptacle Jung teaches a temperature sensor secured to the front side of the panel and facing into the first receptacle (“internal sensor module 300 is installed in the horizontal direction on the front side of the grille plate 200”) [0208] Yang teaches a fan structure to promote cooling within the storage space, however, does not describe a controlling system to operate the fan. Jung describes “The blowing fan 452 is installed inside the fixed frame 454 . The blowing fan 452 is a typical fan, and a detailed description thereof will be omitted. The blowing fan 452 is rotatably installed inside the fan mounting hole 456 , and vents the cool air toward the venting space 430 after sucking in the cool air from the cool air generation parts 120 and 124 according to a control signal from the controller” [0248] and “”The sensor connection wire 330 is connected to a controller (not shown) of the refrigerator, supplies power to the temperature sensor 328 , and transmits a detection value of the temperature sensor 328 to the controller” [0201]. Therefore, in order to control the fan system of Yang, as modified, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the internal sensor module 300 of Jung to Yang, since “In the internal sensor module 300 , more accurate temperature sensing of the first and second storage parts 118 and 122 may be achieved since the temperature sensor 328 is installed inside the sensor mounting part 302 protruding toward the front side of the grille plate” [0207 of Jung]. Regarding claim 21, Yang, as modified, teaches the refrigerator of claim 1, wherein the panel includes a first region (body of shroud 410, fig. 13 of Jung) and a second region protruding from the first region (locking end 470 protruding from shroud 410, fig. 13 of Jung), wherein the air duct is secured to the first region such that the second region overhangs the air duct (overhangs fixed frame 454, figs. 12-13 of Jung) Regarding claim 22, Yang, as modified, teaches the refrigerator of claim 21 further comprising posts extending from the first region (separation prevention ribs 468, fig. 28 of Jung; shown to comprise a post on fig. 30 of Jung for securing to grille fan fastening holes 455), wherein the air duct is secured to the posts via fasteners (via grille fan fastening holes 455, fig. 30 of Jung) Regarding claim 23, Yang, as modified, teaches the refrigerated pantry of claim 8, wherein the panel includes a first region (body of shroud 410, fig. 13 of Jung) and a second region protruding from the first region (locking end 470 protruding from shroud 410, fig. 13 of Jung), wherein the damper box is secured to the first region such that the second region overhangs the damper box (overhangs fixed frame 454, figs. 12-13 of Jung) Regarding claim 24, Yang, as modified, teaches the refrigerated pantry of claim 23 further comprising posts extending from the first region (separation prevention ribs 468, fig. 28 of Jung; shown to comprise a post on fig. 30 of Jung for securing to grille fan fastening holes 455), wherein the damper box is secured to the posts via fasteners (via grille fan fastening holes 455, fig. 30 of Jung) Regarding claim 25, Yang, as modified, teaches the refrigerator of claim 16, wherein the panel includes a first region (body of shroud 410, fig. 13 of Jung) and a second region protruding from the first region (locking end 470 protruding from shroud 410, fig. 13 of Jung), wherein the second receptacle is secured to the first region such that the second region overhangs the second receptacle (overhangs fixed frame 454, figs. 12-13 of Jung) Regarding claim 26, Yang, as modified, teaches the refrigerator of claim 25 further comprising posts extending from the first region (separation prevention ribs 468, fig. 28 of Jung; shown to comprise a post on fig. 30 of Jung for securing to grille fan fastening holes 455), wherein the second receptacle is secured to the posts via fasteners (via grille fan fastening holes 455, fig. 30 of Jung) Claim(s) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN113819707A), referring to the English translation dated 04/14/2026, in view of Jung (US20220404086A1), in further view of Billen (US20100287963A1). Regarding claim 2, Yang, as modified, does not teach the refrigerator of claim 1 further comprising (i) a temperature sensor secured to the front side of the panel and facing into the drawer receptacle (ii) a plug attached to the front side of the panel and facing into the drawer receptacle, and (iii) an electrical wire extending from the temperature sensor to the plug, along the front side of the panel, and within the drawer receptacle Jung teaches (i) a temperature sensor secured to the front side of the panel and facing into the drawer receptacle (“internal sensor module 300 is installed in the horizontal direction on the front side of the grille plate 200”) [0208] Yang teaches a fan structure to promote cooling within the storage space, however, does not describe a controlling system to operate the fan. Jung describes “The blowing fan 452 is installed inside the fixed frame 454 . The blowing fan 452 is a typical fan, and a detailed description thereof will be omitted. The blowing fan 452 is rotatably installed inside the fan mounting hole 456 , and vents the cool air toward the venting space 430 after sucking in the cool air from the cool air generation parts 120 and 124 according to a control signal from the controller” [0248] and “”The sensor connection wire 330 is connected to a controller (not shown) of the refrigerator, supplies power to the temperature sensor 328 , and transmits a detection value of the temperature sensor 328 to the controller” [0201]. Therefore, in order to control the fan system of Yang, as modified, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the internal sensor module 300 of Jung to Yang, since “In the internal sensor module 300 , more accurate temperature sensing of the first and second storage parts 118 and 122 may be achieved since the temperature sensor 328 is installed inside the sensor mounting part 302 protruding toward the front side of the grille plate” [0207 of Jung]. However, while Jung teaches temperature sensor 328 connected with sensor connection wire 330 attached to the front side of the panel and facing into the drawer receptacle, it teaches the sensor connection wire 330 as exiting through wire hole 326 instead of being attached to a plug. Billen teaches a similar temperature sensor system, wherein a temperature sensor 50 and wire connection 53 is coupled to a plug 54 connected with a socket 52 [0048 and fig. 5 of Billen]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature sensor 328 and connection wire 330 of Jung, as applied to Yang, with a plug 54 and a socket 52, as taught in Billen, in order to allow for ease of replacement of a faulty sensor with a simple plug and socket system. Thus, the combination teaches (ii) a plug attached to the front side of the panel and facing into the drawer receptacle (plug 54 of Billen, as applied to Jung), and (iii) an electrical wire extending from the temperature sensor to the plug, along the front side of the panel, and within the drawer receptacle (connection wire 330 of fig. 25 of Jung, as modified to extend to plug 54 of Billen) Regarding claim 9, Yang, as modified, does not teach the refrigerated pantry of claim 8 further comprising (i) a temperature sensor secured to the first side of the panel and facing into the receptacle (ii) a plug attached to the first side of the panel and facing into the receptacle, and (iii) an electrical wire extending from the temperature sensor to the plug, along the first side of the panel, and within the receptacle Jung teaches (i) a temperature sensor secured to the first side of the panel and facing into the receptacle (“internal sensor module 300 is installed in the horizontal direction on the front side of the grille plate 200”) [0208] Yang teaches a fan structure to promote cooling within the storage space, however, does not describe a controlling system to operate the fan. Jung describes “The blowing fan 452 is installed inside the fixed frame 454 . The blowing fan 452 is a typical fan, and a detailed description thereof will be omitted. The blowing fan 452 is rotatably installed inside the fan mounting hole 456 , and vents the cool air toward the venting space 430 after sucking in the cool air from the cool air generation parts 120 and 124 according to a control signal from the controller” [0248] and “”The sensor connection wire 330 is connected to a controller (not shown) of the refrigerator, supplies power to the temperature sensor 328 , and transmits a detection value of the temperature sensor 328 to the controller” [0201]. Therefore, in order to control the fan system of Yang, as modified, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the internal sensor module 300 of Jung to Yang, since “In the internal sensor module 300 , more accurate temperature sensing of the first and second storage parts 118 and 122 may be achieved since the temperature sensor 328 is installed inside the sensor mounting part 302 protruding toward the front side of the grille plate” [0207 of Jung]. However, while Jung teaches temperature sensor 328 connected with sensor connection wire 330 attached to the front side of the panel and facing into the drawer receptacle, it teaches the sensor connection wire 330 as exiting through wire hole 326 instead of being attached to a plug. Billen teaches a similar temperature sensor system, wherein a temperature sensor 50 and wire connection 53 is coupled to a plug 54 connected with a socket 52 [0048 and fig. 5 of Billen]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature sensor 328 and connection wire 330 of Jung, as applied to Yang, with a plug 54 and a socket 52, as taught in Billen, in order to allow for ease of replacement of a faulty sensor with a simple plug and socket system. Thus, the combination teaches (ii) a plug attached to the front side of the panel and facing into the drawer receptacle (plug 54 of Billen, as applied to Jung), and (iii) an electrical wire extending from the temperature sensor to the plug, along the front side of the panel, and within the drawer receptacle (connection wire 330 of fig. 25 of Jung, as modified to extend to plug 54 of Billen) Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN113819707A), referring to the English translation dated 04/14/2026, in view of Jung (US20220404086A1), in further view of Klingshirn (US20150184918A1). Regarding claim 5, Yang, as modified, does not teach the refrigerator of claim 1 further comprising an actuator configured to adjust a position of the air damper and (ii) an electrical wire, wherein (a) the electrical wire extends from the actuator, (b) along the front side of the panel, and (c) within the drawer receptacle Klingshirn teaches an actuator configured to adjust a position of the air damper (control element 18 to adjust plate 14) and (ii) an electrical wire, wherein (a) the electrical wire extends from the actuator (wire from control element 18 to line bundle 21, fig. 1), (b) along the front side of the panel, and (c) within the drawer receptacle (as shown on fig. 1, line cluster 21 extends from control element 18 along a ceiling 39 over passage 13 of storage compartment 3) Yang teaches “Both the air inlet damper 700 and the air outlet damper 800 are configured to be controllably opened or closed according to the operating state of the fan” [0071], but does not teach an actuator or wire structure to open and close the air inlet damper 700 independent of the fan operation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control element 18 and line cluster 21 arrangement of Klingshirn to the air inlet damper 700 of Yang (wherein the air inlet damper 700, and thus the line cluster, are located on wall plate 212 of Yang), in order to effectively control the opening and closing of the system using a simple and well known actuator and control wire arrangement, thus ensuring the air inlet damper 700 can open for even very low air volumes, as well as close entirely when the fan is no longer blowing air. Regarding claim 12, Yang, as modified, does not teach the refrigerated pantry of claim 8 further comprising an actuator configured to adjust a position of the damper and (ii) an electrical wire, wherein (a) the electrical wire extends from the actuator, (b) along the first side of the panel, and (c) within the receptacle, and wherein (I) the actuator is disposed within the damper box and (II) the electrical wire extends from the actuator, through an orifice defined by the damper box, and into the receptacle Klingshirn teaches an actuator configured to adjust a position of the damper (control element 18 to adjust plate 14) and (ii) an electrical wire, wherein (a) the electrical wire extends from the actuator (wire from control element 18 to line bundle 21, fig. 1), (b) along the front side of the panel, and (c) within the receptacle (as shown on fig. 1, line cluster 21 extends from control element 18 along a ceiling 39 over passage 13 of storage compartment 3) wherein (ii) the electrical wire extends from the actuator, through an orifice defined by the damper box, and into the receptacle (as shown on fig. 1 of Klingshirn, the wire extends through ceiling 39 from control element 18 into storage compartment 3) Yang teaches “Both the air inlet damper 700 and the air outlet damper 800 are configured to be controllably opened or closed according to the operating state of the fan” [0071], but does not teach an actuator or wire structure to open and close the air inlet damper 700 independent of the fan operation. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control element 18 and line cluster 21 arrangement of Klingshirn to the air inlet damper 700 of Yang (wherein the air inlet damper 700, and thus the line cluster, are located on wall plate 212 of Yang), in order to effectively control the opening and closing of the system using a simple and well known actuator and control wire arrangement, thus ensuring the air inlet damper 700 can open for even very low air volumes, as well as close entirely when the fan is no longer blowing air. Yang, as modified, discloses the claimed invention except for “wherein (i) the actuator is disposed within the damper box”. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the control element 18 of Klingshirn, as applied to Yang, as modified, within the damper box as claimed, since it has been held that the rearrangement of parts is an obvious matter of design choice when no criticality of the arrangement is provided. In the instant case, the location of the control element 18 of Klingshirn, as applied to Yang, as modified, would effectively perform the same function as claimed, whether or not is located within or outside shroud 410 of Jung as applied to Yang; In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), wherein the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice. Therefore, the claim is given no distinguishable patentability. Claim(s) 4, 11, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN113819707A), referring to the English translation dated 04/14/2026, in view of Jung (US20220404086A1), in further view of Jung2017 (US20170198961A1). Regarding claim 4, Yang, as modified, does not teach the refrigerator of claim 1 further comprising a cover, wherein the cover is (i) disposed over the air damper, (ii) removably secured to the front side of the panel, and (iii) faces into the drawer receptacle Jung2017 teaches a cover (duct structure 1600, fig. 3), wherein the cover is (ii) removably secured to the front side of the panel (via attaching portion 1671, 1672, and 1673; “When the attaching projections 1671 and 1672 are inserted into the attaching projection receiving portions 1163 , the duct structure 1600 is temporarily fixed to the second cover 1150” [0098], and (iii) faces into the drawer receptacle (fig. 3) Jung2017 taches a similar system to that of Yang, as modified, wherein Jung2017 comprises a pantry fan 1900 to blow cold air into a drawer 1520. However, Jung2017 further comprises a duct structure 1600. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the duct structure 1600 of Jung2017 to the air inlet of Yang, as modified, in order to cover air inlet and thus prevent outside interference of air inlet damper 700, as well as since “the structure of the front portion 1620 may help prevent reverse flow of cold air” [0104 of Jung2017]. The combination teaches a cover (duct structure 1600, fig. 3 of Jung2017, as applied to Yang as modified), wherein the cover is (i) disposed over the air damper (as applied to Yang, disposed over air inlet damper 700) Regarding claim 11, Yang, as modified, does not teach the refrigerated pantry of claim 8 further comprising a cover, wherein the cover is (i) disposed over the damper, (ii) removably secured to the first side of the panel, and (iii) faces into the receptacle Jung2017 teaches a cover (duct structure 1600, fig. 3), wherein the cover is (ii) removably secured to the first side of the panel (via attaching portion 1671, 1672, and 1673; “When the attaching projections 1671 and 1672 are inserted into the attaching projection receiving portions 1163 , the duct structure 1600 is temporarily fixed to the second cover 1150” [0098], and (iii) faces into the receptacle (fig. 3) Jung2017 taches a similar system to that of Yang, as modified, wherein Jung2017 comprises a pantry fan 1900 to blow cold air into a drawer 1520. However, Jung2017 further comprises a duct structure 1600. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the duct structure 1600 of Jung2017 to the air inlet of Yang, as modified, in order to cover air inlet and thus prevent outside interference of air inlet damper 700, as well as since “the structure of the front portion 1620 may help prevent reverse flow of cold air” [0104 of Jung2017]. The combination teaches a cover (duct structure 1600, fig. 3 of Jung2017, as applied to Yang as modified), wherein the cover is (i) disposed over the air damper (as applied to Yang, disposed over air inlet damper 700) Regarding claim 18, Yang, as modified, does not teach the refrigerator of claim 16 further comprising a cover, wherein the cover is (i) removably secured to the front side of the panel, (ii) faces into the first receptacle, and (iii) forms a first portion of the second receptacle Jung2017 teaches a cover (duct structure 1600, fig. 3), wherein the cover is (i) removably secured to the front side of the panel (via attaching portion 1671, 1672, and 1673; “When the attaching projections 1671 and 1672 are inserted into the attaching projection receiving portions 1163 , the duct structure 1600 is temporarily fixed to the second cover 1150”) [0098], (ii) faces into the first receptacle (fig. 3) Jung2017 taches a similar system to that of Yang, as modified, wherein Jung2017 comprises a pantry fan 1900 to blow cold air into a drawer 1520. However, Jung2017 further comprises a duct structure 1600. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the duct structure 1600 of Jung2017 to the air inlet of Yang, as modified, in order to cover air inlet and thus prevent outside interference of air inlet damper 700, as well as since “the structure of the front portion 1620 may help prevent reverse flow of cold air” [0104 of Jung2017]. The combination teaches a cover (duct structure 1600, fig. 3 of Jung2017, as applied to Yang as modified), wherein the cover (iii) forms a first portion of the second receptacle (as applied to Yang, as modified, air flows out of fixed frame 454 of Jung as applied to Yang and into duct structure 1600 of Jung2017 as applied to Yang, thus forming a second receptacle wherein duct structure 1600 forms a first portion) Claim(s) 6, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN113819707A), referring to the English translation dated 04/14/2026, in view of Jung (US20220404086A1), in further view of Xia (WO2021083432A1), referring to the English translation dated 04/14/2026. Regarding claim 6, Yang, as modified, teaches the refrigerator of claim 1, wherein an outer periphery of the panel overlaps an external surface of the drawer receptacle along an outer periphery of the cutout (figs. 12-13 of Jung, outer periphery of shroud 410 overlaps an external surface of the grille plate 200 along an outer periphery of first vent part 212) Yang, as modified, does not teach further comprising a gasket engaging the external surface of the drawer receptacle, and disposed between the outer periphery of the panel and the drawer receptacle along the outer periphery of the cutout Xia teaches further comprising a gasket engaging the external surface of the drawer receptacle, and disposed between the outer periphery of the panel and the drawer receptacle along the outer periphery of the cutout (gasket 326) In figs. 10-12, Xia teaches a fan 331 and fan frame 332 secured to a mother plate 321, similar to the grille fan member 450 and shroud 410 secured to a grille plate 200 of Jung. However, Xia further teaches a gasket 326. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the gasket 326 of Xia to the assembly of Jung, as applied to Yang, since “Each gasket 326 is made of an elastic material to cushion the pressing force between adjacent layers” [0057 of Xia]. Regarding claim 14, Yang, as modified, teaches the refrigerated pantry of claim 8, wherein an outer periphery of the panel overlaps an external surface of the receptacle along an outer periphery of the second opening (figs. 12-13 of Jung, outer periphery of shroud 410 overlaps an external surface of the grille plate 200 along an outer periphery of first vent part 212) Yang, as modified, does not teach further comprising a gasket engaging the external surface of the receptacle, and disposed between the outer periphery of the panel and the receptacle along the outer periphery of the second opening Xia teaches further comprising a gasket engaging the external surface of the receptacle, and disposed between the outer periphery of the panel and the receptacle along the outer periphery of the second opening (gasket 326) In figs. 10-12, Xia teaches a fan 331 and fan frame 332 secured to a mother plate 321, similar to the grille fan member 450 and shroud 410 secured to a grille plate 200 of Jung. However, Xia further teaches a gasket 326. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the gasket 326 of Xia to the assembly of Jung, as applied to Yang, since “Each gasket 326 is made of an elastic material to cushion the pressing force between adjacent layers” [0057 of Xia]. Regarding claim 19, Yang, as modified, teaches the refrigerator of claim 16, wherein an outer periphery of the panel overlaps an external surface of the first receptacle along an outer periphery of the cutout (figs. 12-13 of Jung, outer periphery of shroud 410 overlaps an external surface of the grille plate 200 along an outer periphery of first vent part 212) Yang, as modified, does not teach further comprising a gasket engaging the external surface of the first receptacle, and disposed between the outer periphery of the panel and the first receptacle along the outer periphery of the cutout Xia teaches further comprising a gasket engaging the external surface of the first receptacle, and disposed between the outer periphery of the panel and the first receptacle along the outer periphery of the cutout (gasket 326) In figs. 10-12, Xia teaches a fan 331 and fan frame 332 secured to a mother plate 321, similar to the grille fan member 450 and shroud 410 secured to a grille plate 200 of Jung. However, Xia further teaches a gasket 326. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the gasket 326 of Xia to the assembly of Jung, as applied to Yang, since “Each gasket 326 is made of an elastic material to cushion the pressing force between adjacent layers” [0057 of Xia]. Conclusion The prior art of record not relied upon includes: Jiang (WO2023160532A1), Carballo (US20180299144A1), Vijayan (US20160033189A1), and Zhang (WO2023016094A1), which teach similar refrigerator arrangements to that claimed THIS ACTION IS MADE FINAL. 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 BRETT P. MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL HOANG can be reached at (571)272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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Prosecution Timeline

Nov 21, 2023
Application Filed
Apr 27, 2026
Non-Final Rejection mailed — §103
May 28, 2026
Response Filed
Sep 01, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
91%
With Interview (+26.0%)
2y 11m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 145 resolved cases by this examiner. Grant probability derived from career allowance rate.

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