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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/12/2026 has been entered.
Claim Status
Claims 1, 3-13, and 21 are pending. Claims 2 and 14-20 have been canceled. Claims 1, 7, and 11 have been amended. By virtue of dependency, the scope of the all the claims have been amended. Claim 21 is new.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 4-6, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuno (JP 2018151089 A) in view of Nakai et al. (US 2015/013574 A1), hereafter referred to as “Nakai,” and Wakamatsu (JP H11183016 A, machine translation).
Regarding Claim 1: Kikuno teaches a refrigerator (see Figure 2) comprising: a cabinet (1) that forms a storage space (3) and a machine room (5); a compressor (14, 24) that is provided in the machine room (see Figure 2) and is configured to compress a refrigerant (functional limitation); a condenser (15, 25 of 33) that is provided in the machine room (5) and is configured to condense the refrigerant received from the compressor (functional limitation); an output pipe (20, 30) that is fluidly connected to the condenser (15, 25 of 33) and configured to discharge the refrigerant from the condenser (see Figure 3); a blower fan unit (39) that forces air to flow inside the machine room (5) and includes a blower fan housing (35) defining an opened blower hole (hole of 35) and a blower fan blade (fan blade of 39, see Figure 4) rotatably mounted on the blower fan housing (35): a sensor (41, 42) that is configured to measure a temperature at the output pipe (see Figure 3) wherein the sensor (41, 42) is located outside an area corresponding to the blower hole (see Figures 3-4); and a controller (31).
Kikuno fails to teach wherein the sensor is located outside an area corresponding to the blower hole, wherein the sensor and the blower fan housing are disposed so as not to overlap in a direction in which the blower fan unit and the condenser face each other, and wherein the sensor is disposed such that the sensor is prevented from being directly cooled by airflow formed by the blower fan unit; wherein the controller is configured to: in response to determining that the measured temperature is within a first range that is less than a first reference temperature, perform a normal mode that includes operating the compressor at a first frequency, and in response to determining that the measured temperature is within a second range that is greater than or equal to the first reference temperature and less than a second reference temperature, perform a first protection mode that includes operating the compressor at a second frequency that is lower than the first frequency.
Wakamatsu teaches a sensor (11) is located outside an area corresponding to a blower hole (grill around 5, hollow tube of condenser 4), wherein the sensor (11) and a blower fan housing (grill around 5) are disposed so as not to overlap in a direction in which a blower fan unit (5) and a condenser (4) face each other (see Figure 2), and wherein the sensor (11) is disposed such that the sensor (11) is prevented from being directly cooled by airflow formed by the blower fan unit (5, see Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the sensor is located outside an area corresponding to the blower hole, wherein the sensor and the blower fan housing are disposed so as not to overlap in a direction in which the blower fan unit and the condenser face each other, and wherein the sensor is disposed such that the sensor is prevented from being directly cooled by airflow formed by the blower fan unit to the structure of Kikuno modified supra as taught by Wakamatsu in order to advantageously provide accurate temperature readings of the refrigerant in the condenser (page 3 of the machine translation, see Wakamatsu).
Nakai teaches a controller (40) is configured to: in response to determining that a measured temperature is within a first range that is less than a first reference temperature, perform a normal mode that includes operating a compressor (31) at a first frequency, and in response to determining that a measured temperature is within a second range that is greater than or equal to the first reference temperature and less than a second reference temperature, perform a first protection mode that includes operating the compressor at a second frequency that is lower than the first frequency (paragraphs [0062]-[0077], see Figures 3-5a, 5b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the controller is configured to: in response to determining that the measured temperature is within a first range that is less than a first reference temperature, perform a normal mode that includes operating the compressor at a first frequency, and in response to determining that the measured temperature is within a second range that is greater than or equal to the first reference temperature and less than a second reference temperature, perform a first protection mode that includes operating the compressor at a second frequency that is lower than the first frequency to the structure of Kikuno as taught by Nakai in order to advantageously provide protection controls to the compressor based on temperature parameters (see Nakai, paragraph [0019]).
Regarding Claim 4: Kikuno modified supra fails to teach wherein the second frequency is 40 Hz or more and 50 Hz or less.
However, Kikuno modified supra teaches operating the compressor at various speeds and frequencies (Kikuno, page 3 of the machine translation). Thus, the specific frequency is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is an improved efficiency of operating the system based on system demands (Kikuno, page 3 of the machine translation).
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the second frequency is 40 Hz or more and 50 Hz or less in order to achieve efficient operation of the system. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that would be obvious to a person of ordinary skill in the art would before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 I, II A and B.
Regarding Claim 5: Kikuno modified supra fails to teach wherein the first protection mode is performed for a first protection time, and wherein the first protection time is 150 minutes or more and 210 minutes or less.
However, Kikuno modified supra teaches operating the compressor at various speeds and frequencies for specific time intervals (Kikuno, page 3 of the machine translation). Thus, the specific a first protection time is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is an improved efficiency of operating the system based on system demands (Kikuno, page 3 of the machine translation).
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the first protection mode is performed for a first protection time, and wherein the first protection time is 150 minutes or more and 210 minutes or less in order to achieve efficient operation of the system. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that would be obvious to a person of ordinary skill in the art would before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 I, II A and B.
Regarding Claim 6: Kikuno modified supra fails to teach wherein the controller is configured to: in response to determining that the measured temperature is in a third range that is greater than or equal to the second reference temperature, perform a second protection mode that includes operating the compressor at a third frequency lower than the second frequency.
Nakai teaches a controller (40) is configured to: in response to determining that a measured temperature is in a third range that is greater than or equal to a second reference temperature, perform a second protection mode that includes operating a compressor (31) at a third frequency lower than a second frequency (paragraphs [0062]-[0077], see Figures 3-5a, 5b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the controller is configured to: in response to determining that the measured temperature is in a third range that is greater than or equal to the second reference temperature, perform a second protection mode that includes operating the compressor at a third frequency lower than the second frequency to the structure of Kikuno modified supra as taught by Nakai in order to advantageously provide protection controls to the compressor based on temperature parameters (see Nakai, paragraph [0019]).
Regarding Claim 9: Kikuno modified supra fails to teach wherein the first reference temperature is less than the second reference temperature, wherein the first reference temperature is 65° C. or more and less than 75° C., and wherein the second reference temperature is 70° C. or more and less than 80° C.
However, Kikuno modified supra teaches operating the compressor at various speeds and frequencies for specific time intervals with different protection control utilizing determination temperatures (Nakai, paragraph [0065]). Thus, the specific first reference temperature and second reference temperature is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is an improved efficiency of operating the system based on system protection control (Nakai, paragraph [0065]).
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the first reference temperature is less than the second reference temperature, wherein the first reference temperature is 65° C. or more and less than 75° C., and wherein the second reference temperature is 70° C. or more and less than 80° C in order to achieve efficient operation of the system. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that would be obvious to a person of ordinary skill in the art would before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 I, II A and B.
Regarding Claim 10: Kikuno modified supra fails to teach wherein the third frequency is 0 Hz.
However, Kikuno modified supra teaches operating the compressor at various speeds and frequencies (Kikuno, page 3 of the machine translation). Thus, the specific frequency is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is an improved efficiency of operating the system based on system demands (Kikuno, page 3 of the machine translation).
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the third frequency is 0 Hz in order to achieve efficient operation of the system. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that would be obvious to a person of ordinary skill in the art would before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 I, II A and B.
Claims 3 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over as Kikuno (JP 2018151089 A) in view of Nakai et al. (US 2015/013574 A1), hereafter referred to as “Nakai,” and Wakamatsu (JP H11183016 A, machine translation), as applied to claims 1 and 6 above, and further in view of Kitagishi et al. (US 2010/0218527 A1), hereafter referred to as “Kitagishi.”
Regarding Claim 3: Kikuno modified supra fails to teach wherein the controller is configured to: perform the normal mode further in response to determining that a time during which the measured temperature is within the second range is less than a first period, and perform the first protection mode further in response to determining that the time during which the measured temperature is within the second range is greater than or equal to the first period.
Kitagishi teaches a controller (50, 60) is configured to: perform a normal mode further in response to determining that a time during which a measured temperature is within a second range is less than a first period, and perform a first protection mode further in response to determining that the time during which the measured temperature is within the second range is greater than or equal to the first period (paragraph [0024]-[0025]; [0029];paragraphs [0112]-[0118], see Figures 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the controller is configured to: perform the normal mode further in response to determining that a time during which the measured temperature is within the second range is less than a first period, and perform the first protection mode further in response to determining that the time during which the measured temperature is within the second range is greater than or equal to the first period to the structure of Kikuno modified supra as taught by Kitagishi in order to advantageously provide protection controls to the compressor based on temperature parameters (see Kitagishi, paragraph [0012]).
Regarding Claim 7: Kikuno modified supra fails to teach wherein the second protection mode is performed for a second protection time, and wherein the controller is configured to: count a number of times that the second protection mode is consecutively performed, and in response to determining that the number of times that the second protection mode is consecutively performed corresponds to a reference repetition number, perform a third protection mode that includes operating the compressor at the third frequency for a third protection time longer than the second protection time.
Kitagishi teaches wherein a second protection mode is performed for a second protection time, and wherein a controller (50, 60) is configured to: count a number of times that the second protection mode is consecutively performed, and in response to determining that the number of times (paragraph [0024]-[0025] and [0029]) that the second protection mode is consecutively performed corresponds to a reference repetition number, perform a third protection mode that includes operating a compressor (11) at a third frequency for a third protection time longer than the second protection time (paragraphs [0112]-[0118], see Figures 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the second protection mode is performed for a second protection time, and wherein the controller is configured to: count a number of times that the second protection mode is consecutively performed, and in response to determining that the number of times that the second protection mode is consecutively performed corresponds to a reference repetition number, perform a third protection mode that includes operating the compressor at the third frequency for a third protection time longer than the second protection time to the structure of Kikuno modified supra as taught by Kitagishi in order to advantageously provide protection controls to the compressor based on temperature parameters (see Kitagishi, paragraph [0012]).
Regarding Claim 8: Kikuno modified supra fails to teach wherein the second protection time is 15 minutes or more and 25 minutes or less, and wherein the third protection time is 100 minutes or more and 140 minutes or less.
However, Kikuno modified supra teaches operating the compressor at various speeds and frequencies for specific time intervals (Kikuno, pages 3-4 of the machine translation). Thus, the specific a second protection time is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is an improved efficiency of operating the system based on system demands (Kikuno, pages 3-4 of the machine translation).
Therefore, since the general condition of the claim is disclosed by the prior art reference, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wherein the second protection time is 15 minutes or more and 25 minutes or less, and wherein the third protection time is 100 minutes or more and 140 minutes or less in order to achieve efficient operation of the system. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that would be obvious to a person of ordinary skill in the art would before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 I, II A and B.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuno (JP 2018151089 A) in view of Nakai et al. (US 2015/013574 A1), hereafter referred to as “Nakai,” and Wakamatsu (JP H11183016 A, machine translation), as applied to claim 6 above, and further in view of Shin et al. (US 2011/0175742 A1), hereafter referred to as “Shin.”
Regarding Claim 11: Kikuno modified supra fails to teach further comprising: a display configured to output an indication of a current state of the refrigerator, wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode being performed, control the display to output a warning message.
Shin teaches a display (109) configured to output an indication of a current state of a refrigerator (100), wherein a controller (101) is configured to: in response to performing at least one of a first protection mode or a second protection mode being performed (paragraph [0181]), control the display to output a warning message (via alarm 141, paragraph [0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a display configured to output an indication of a current state of the refrigerator, wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode being performed, control the display to output a warning message to the structure of Kikuno modified supra as taught by Shin in order to advantageously provide to alert the user of system operations to prevent disruptions (see Shin, paragraph [0095]).
Regarding Claim 12: Kikuno modified supra fails to teach wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode, control the refrigerator to output a warning sound.
Shin teaches a controller (101) is configured to: in response to performing at least one of a first protection mode or a second protection mode (paragraph [0181]), control a refrigerator (100) to output a warning sound (via alarm 141, paragraphs [0025] and [0181]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode, control the refrigerator to output a warning sound to the structure of Kikuno modified supra as taught by Shin in order to advantageously provide to alert the user of system operations to prevent disruptions (see Shin, paragraph [0095]).
Regarding Claim 13: Kikuno modified supra fails to teach wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode, control the refrigerator to output a warning message to a user terminal device connected to the refrigerator.
Shin teaches a controller (101) is configured to: in response to performing at least one of a first protection mode or a second protection mode (paragraph [0181]), control a refrigerator (100) to output a warning message to a user terminal device (paragraph [0110]) connected to the refrigerator (100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the controller is configured to: in response to performing at least one of the first protection mode or the second protection mode, control the refrigerator to output a warning message to a user terminal device connected to the refrigerator to the structure of Kikuno modified supra as taught by Shin in order to advantageously provide to alert the user of system operations to prevent disruptions (see Shin, paragraph [0095]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kikuno (JP 2018151089 A) in view of Nakai et al. (US 2015/013574 A1), hereafter referred to as “Nakai,” and Wakamatsu (JP H11183016 A, machine translation), as applied to claim 1 above, and further in view of Rinholen (4,835,981).
Regarding Claim 21: Kikuno modified supra fails to teach wherein the sensor is included in a sensor assembly comprising a sensor housing configured to reduce an influence of airflow inside the machine room on the sensor.
Rinholen teaches a sensor (104) is included in a sensor assembly (116, 122) comprising a sensor housing (122) configured to reduce an influence of airflow (from vent 34, Column 2, lines 53-68) inside a room (see Figures 3-5) on the sensor (104).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the sensor is included in a sensor assembly comprising a sensor housing configured to reduce an influence of airflow inside the machine room on the sensor to the structure of Kikuno modified supra as taught by Rinholen in order to advantageously provide isolation from specific air flow to prevent a false temperature bias (see Rinholen, Column 2, lines 53-68).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McSweeney (US 2009/0094997 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/ERIC S RUPPERT/ Primary Examiner, Art Unit 3763
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