DETAILED ACTION
Amended filed on 3/3/2026 have been entered.
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 .
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.
Claim 1 and depending claims 2, 4-17 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 pre-AIA the applicant regards as the invention.
Claim 1 in lines 16 and 18 recites “a portion” and “the contact”. It is unclear if limitation the contact refers to a portion recited previously. The bolded phrases make the claimed limitations indefinite, because the difference between portions and the contact is unclear since both limitations refers to portion where outer surfaces of hot gas flow and return flow path are in contact together. Further, there is a lack of antecedent basis for the bolded limitation, because it has not been recited previously. More clarification 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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-14, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Takaya (WO 2021129654 A1), in view of Kim (US 2017/0030615 A1), and in view of Jung (US 2013/0111942 A1).
Claim 1: Takaya discloses a refrigerator (FIG.2) comprising:
a compressor (161) configured to compress a refrigerant (functional language);
a condenser (162) configured to condense the refrigerant compressed (functional language) by the compressor (161) and to discharge the condensed refrigerant to a discharge tube (233);
a first expansion valve (163) configured to decompress the refrigerant condensed (functional language) by the condenser (162);
a first evaporator (164) configured to evaporate the refrigerant decompressed (functional language) by the first expansion valve (163);
a first flow path (annotated FIG.3) configured to guide a flow of the refrigerant passing through the first expansion valve (163) and the first evaporator (164) from the discharge tube (233);
a hot gas flow path (annotated FIG.3) that guides a flow of the refrigerant such that the hot gas flow path passes through the first evaporator (164); and
a return flow path (annotated FIG.3) that guides the flow of refrigerant returned to the compressor (161) while the first flow path (annotated FIG.3) and the hot gas flow path (annotated FIG.3) are connected (to clarify, this is a closed loop system, therefore paths are connected via components such as compressor 161),
[AltContent: textbox (hot gas flow path)][AltContent: arrow][AltContent: textbox (contact portion)][AltContent: arrow][AltContent: textbox (return flow path)][AltContent: arrow][AltContent: textbox (first flow path)][AltContent: arrow]
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Takaya discloses the claimed limitations in claim 1, but fails to disclose a hot gas flow path that guides a flow of the refrigerant such that at least a portion of the hot gas flow path passes through the first evaporator without passing through the first expansion valve from the discharge tube; wherein at least a portion of the hot gas flow path is in contact with at least a portion of the return flow path, wherein the contact is defined as an outer circumference surface of the hot gas flow path being in contact with an outer circumference surface of the return flow path along a longitudinal direction thereof.
However, Kim teaches a hot gas flow path (105) that guides a flow of the refrigerant such that at least a portion of the hot gas flow path (105) passes through the first evaporator (110) without passing through the first expansion valve (103a) from the discharge tube (inherent; discharge tube of condenser 102 at the outlet side); wherein at least a portion of the hot gas flow path (105) is in contact with at least a portion of the return flow path (return flow path connecting evaporator 110 to inlet of compressor 101) for the purpose of improving cooling efficiency of the refrigerator (paragraph [165]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Takaya to include a hot gas flow path that guides a flow of the refrigerant such that at least a portion of the hot gas flow path passes through the first evaporator without passing through the first expansion valve from the discharge tube; wherein at least a portion of the hot gas flow path is in contact with at least a portion of the return flow path as taught by Kim in order to improve cooling efficiency of the refrigerator.
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Further, Jung teaches the contact (pipe 220 and tube 210 are in contact with each other, and welded together; see paragraph [112] [113]) is defined as an outer circumference surface (inherent; outer surface of pipe 220) of the hot gas flow path (suction pipe 220) being in contact with an outer circumference surface (inherent; outer surface of tube 210) of the return flow path (tube 210) along a longitudinal direction thereof (see figure 4) for the purpose of performing heat exchange by conduction between pipes as a result improving the efficiency of the system (paragraph [113]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Takaya to include the contact is defined as an outer circumference surface of the hot gas flow path being in contact with an outer circumference surface of the return flow path along a longitudinal direction thereof as taught by Jung in order to perform heat exchange by conduction between pipes as a result improving the efficiency of the system.
Claim 2: Takaya as modified discloses the apparatus as claimed in claim 1, wherein the hot gas flow path (Kim, 105) includes a first path (Kim, annotated FIG.3) extending from the discharge tube (Kim, annotated FIG.3) to the first evaporator (Kim, 110), and a second path (Kim, annotated FIG.3) extending from the first path (Kim, annotated FIG.3) and passing through the first evaporator (Kim, 110), and the first path (Kim, annotated FIG.3) is in contact with the return flow path (Kim, annotated FIG.3; to clarify, it is a closed system, therefore all the components are fluidly and thermally in contact).
Claim 4: Takaya as modified discloses the apparatus as claimed in claim 1, wherein at least a portion of the first expansion valve (Kim, 103a) is in contact with the return flow path (Kim, output portion of expansion valve 103a is in fluid contact with return flow path via evaporator 110).
Claim 5: Takaya as modified discloses the apparatus as claimed in claim 4, wherein the first expansion valve (Kim, 103a) contacts a circumference of a portion of the return flow path (Kim, to clarify one circumference side at the outlet side of expansion valve 103a in fluid contact with return flow path; see annotated FIG.3) that is different from a portion (Kim, to clarify, a portion is where 105 and return flow path contact each other inside evaporator 110 in order for the refrigerant flows from 105 to compressor 101) where the hot gas flow path (Kim, 105) is in contact with the return flow path (Kim, annotated FIG.3).
Claim 6: Takaya as modified discloses the apparatus as claimed in claim 4, wherein the first expansion valve (Kim, 103a) contacts with a circumference of a portion (Kim, to portion is inherent, clarify one circumference side at the outlet side of expansion valve 103a) where the hot gas flow path (Kim, 105) is in contact with the return flow path (Kim, annotated FIG.3).
Claim 7: Takaya as modified discloses the apparatus as claimed in claim 6, wherein the first expansion valve (Kim, 103a) is positioned on a side opposite to the position (Takaya modified by Kim to include an expansion valve to be placed on return flow path; to clarify, center of the return flow path is between contact portion and compressor 161) of the hot gas flow path (annotated FIG.3) with respect to the center of the return flow path when viewed from the axial direction (to clarify, axial direction is an arbitrary axis) of the return flow path (annotated FIG.3).
Claim 8: Takaya as modified discloses the apparatus as claimed in claim 1, further comprising a second expansion valve (Kim, 104a) for decompressing the refrigerant condensed in the condenser (162) and providing the decompressed refrigerant (functional language) to a second evaporator (Kim, 150), wherein at least a portion (inherent) of the second expansion valve (Kim, 104a) is in contact with the return flow path (annotated FIG.3).
Claim 9: Takaya as modified discloses the apparatus as claimed in claim 8, wherein the second expansion valve (Kim, 104a) contacts a circumference of a portion (inherent) of the return flow path (annotated FIG.3) that is different from a portion (inherent) where the hot gas flow path (annotated FIG.3) is in contact with the return flow path (annotated FIG.3).
Claim 10: Takaya as modified discloses the apparatus as claimed in claim 8, wherein the second expansion valve (Kim, 104a) contacts a circumference of a portion (to clarify, one circumference side of hot gas path) where the hot gas flow path (annotated FIG.3) is in contact with the return flow path (annotated FIG.3).
Claim 11: Takaya as modified discloses the apparatus as claimed in claim 8, wherein the second expansion valve (Kim, 104a) is positioned on a side opposite (Takaya modified by Kim to include an expansion valve to be placed on return flow path; to clarify, center of the return flow path is between contact portion and compressor 161) to the position of the hot gas flow path (annotated FIG.3) with respect to the center of the return flow path when viewed from the axial direction (to clarify, axial direction is an arbitrary axis) of the return flow path (annotated FIG.3).
Claim 12: Takaya as modified discloses the apparatus as claimed in claim 1, further comprising a second expansion valve (Kim, 104a) for decompressing the refrigerant condensed in the condenser (162) and providing the decompressed refrigerant (functional language) to a second evaporator (Kim, 150), wherein at least a portion (inherent) of the first expansion valve (Kim, 103a) and the second expansion valve (Kim, 104a) are each in contact with the circumference of the return flow path (annotated FIG.3).
Claim 13: Takaya as modified discloses the apparatus as claimed in claim 12, wherein the first expansion valve (Kim, 103a), the second expansion valve (Kim, 104a), and the hot gas flow path (Kim, 105) are each disposed so as to be symmetrical (Kim, based on broadest reasonable interpretation, as shown in FIG.3 the circuit is symmetrical with respect to an arbitrary center line of return flow path) with each other from the center of the return flow path (Kim, annotated FIG.3) when viewed from the axial direction (to clarify, axial direction is an arbitrary axis) of the return flow path (Kim, annotated FIG.3).
Claim 14: Takaya as modified discloses the apparatus as claimed in claim 1, further comprising: a second expansion valve (Kim, 104a) decompressing the refrigerant condensed in the condenser (Kim, 102); a second evaporator (Kim, 150) evaporating the refrigerant decompressed in the second expansion valve (Kim, 104a); and a second flow path (Kim, 104) connected to the return flow path (Kim, annotated FIG.3) after passing through the second expansion valve (Kim, 104a) and the second evaporator (Kim, 150) from the discharge tube (Kim, inherent; discharge tube of condenser 102 at the outlet side) to guide the flow of the refrigerant.
Claim 19: Takaya discloses a refrigerator (FIG.2) comprising:
a first flow path (232/233/234) for guiding a refrigerant condensed in a condenser (162) to sequentially pass through a first expansion valve (163) and a first evaporator (164);
a hot gas flow path (233) for guiding the flow of the refrigerant such that at least a portion of the refrigerant condensed (functional language) in the condenser (162); and
a return flow path (236) for guiding the flow of the refrigerant returned to a compressor (161) through the first evaporator (164) or the second evaporator, wherein the return flow path (236) is in contact with the hot gas flow path (233),
Takaya discloses the claimed limitations in claim 19, but fails to disclose a second flow path for guiding the refrigerant condensed in the condenser to sequentially pass a second expansion valve and a second evaporator; a hot gas flow path for guiding the flow of the refrigerant such that at least a portion of the refrigerant condensed in the condenser passes through the first evaporator without passing through the first expansion valve; wherein the contact is defined as an outer circumference surface of the hot gas flow path being in contact with an outer circumference surface of the return flow path along a longitudinal direction thereof.
However, Kim teaches a second flow path (104) for guiding the refrigerant condensed in the condenser (102) to sequentially pass a second expansion valve (104a) and a second evaporator (150); a hot gas flow path (105) for guiding the flow of the refrigerant such that at least a portion of the refrigerant condensed in the condenser (102) passes through the first evaporator (110) without passing through the first expansion valve (103a) for the purpose of improving cooling efficiency of the refrigerator (paragraph [165]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Takaya to include a second flow path for guiding the refrigerant condensed in the condenser to sequentially pass a second expansion valve and a second evaporator; a hot gas flow path for guiding the flow of the refrigerant such that at least a portion of the refrigerant condensed in the condenser passes through the first evaporator without passing through the first expansion valve as taught by Kim in order to improve cooling efficiency of the refrigerator.
Further, Jung teaches the contact (pipe 220 and tube 210 are in contact with each other, and welded together; see paragraph [112] [113]) is defined as an outer circumference surface (inherent; outer surface of pipe 220) of the hot gas flow path (suction pipe 220) being in contact with an outer circumference surface (inherent; outer surface of tube 210) of the return flow path (tube 210) along a longitudinal direction thereof (see figure 4) for the purpose of performing heat exchange by conduction between pipes as a result improving the efficiency of the system (paragraph [113]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Takaya to include wherein the contact is defined as an outer circumference surface of the hot gas flow path being in contact with an outer circumference surface of the return flow path along a longitudinal direction thereof as taught by Jung in order to perform heat exchange by conduction between pipes as a result improving the efficiency of the system.
Claim 20: Takaya as modified discloses the apparatus as claimed in claim 19, wherein the return flow path (236) is in contact with at least one of the first expansion valve (163) or the second expansion valve (Kim, 104a) (to clarify, all the components of the refrigeration circuit are in thermal communication).
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Takaya (WO 2021129654 A1), in view of Kim (US 2017/0030615 A1), in view of Jung (US 2013/0111942 A1), and in view of Vijayan (US 2021/0033332 A1).
Claim 15: Takaya fails to disclose wherein the hot gas flow path includes a physical property adjustment tube configured to adjust physical properties of the refrigerant flowing to the second evaporator through the first evaporator.
However, Vijayan teaches the hot gas flow path (path 212/214/216) includes a physical property adjustment part (capillary tubes used as physical property adjustment part; paragraph [33]: capillary tubes 181 receive refrigerant upon entering evaporators 178) configured to adjust physical properties of the refrigerant flowing to the second evaporator through the first evaporator (capillary tubes controlling physical properties of the refrigerant by defining restriction size diameter and length of corresponding capillary tubes based on pressure drop and phase change of refrigerant; see paragraph [45]) for the purpose of defining restriction size to control the flow of the refrigerant (paragraph [45]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Takaya to include the hot gas flow path includes a physical property adjustment part configured to adjust physical properties of the refrigerant flowing to the second evaporator through the first evaporator as taught by Vijayan in order to define restriction size to control the flow of the refrigerant.
Claim 16: Takaya as modified discloses the apparatus as claimed in claim 15, wherein at least a portion of the physical property adjustment tube (Vijayan, capillary tubes) is in contact with the return flow path (annotated FIG.3).
Claim 17: Takaya as modified discloses the apparatus as claimed in claim 15, wherein at least a portion of the second expansion valve (Kim, 104a) and the physical property adjustment tube (Vijayan, capillary tubes) are each in contact with the circumference of the return flow path (annotated FIG.3).
Claim 18: Takaya as modified discloses the apparatus as claimed in claim 17, wherein the physical property adjustment tube (Vijayan, capillary tubes) is positioned opposite to the position of the second expansion valve (Kim, 104a) when viewed from the center of the return flow path (annotated FIG.3).
Response to Arguments
Applicant's arguments filed on 3/3/2026, with respect to all the claims under Claim Rejections - 35 USC § 103 have been fully considered and they are moot. Applicant’s arguments to new features and amendments are addressed in this office action. Therefore, a new ground(s) of rejections have been made in response to the amendments.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763 /PAUL ALVARE/Primary Examiner, Art Unit 3763
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