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
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification does not disclose that the cutout groove is formed through a portion of the liner (390) and a portion of the second insulation (392). There is no written description nor drawings regarding the cutout groove being formed through the liner and the second insulation thus claim 16 contains new matter. Claim 17 is rejected for being dependent on claim 16.
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With respect to claims 5 and 6, it’s unclear if “a first portion” and “a second portion” of the insulation panel are referring back to “a first portion” and “a second portion” of the insulation panel of claim 1 or if they are different portions from that of claim 1. Claim 7 is rejected for being dependent on claim 6.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1, 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over KR100474382 (KR ‘382) in view of US Patent 5,652,039 (Tremain) in further view of KR1020120034511 (KR ‘511).
With respect to claim 1, KR ‘382 shows a refrigerator (Fig.1) comprising: an insulation panel (100, Fig.4) including an inner shell (101, Fig.6), an outer shell (102), and insulation (103, Fig.6) between the inner shell and the outer shell, the insulation panel (100) including a cutout portion (104, FIg.6) that forms a cutout groove in the insulation panel (100) through a portion of the inner shell (101) and a portion of the insulation (103; Fig.6, see translation pg.3 second to last paragraph, “V-shaped bent groove 104 of the foam panel 100 is formed by cutting the upper plate 101 and the foam 103 leaving the lower plate 102”), and the insulation panel (100) is folded about the cutout groove (104, Fig.6) such that: insulation (103, Fig.6) between the inner shell (101) and the outer shell (102) of a first portion (insulation panel a the left side of the groove 104, FIg.6) of the insulation panel and insulation (103) between the inner shell (101) and the outer shell (102) of a second portion (insulation panel at the right side of the groove 104) of the insulation panel that are folded about the cutout groove (104, Fig.9), the inner shell (101) of the first portion of the insulation panel (100) and the inner shell (101) of the second portion of the insulation panel that are folded about the cutout groove (104, FIg.8, Fig.9), and the folded insulation panel forms a main wall (130a, FIg.10); a rear wall (133, Fig.10) coupled to a rear side of the main wall, so that the rear wall (133) and the main wall (130a) together form a main body having a storage room (Fig.11); a door (4, Fig.1) to open and close the storage room.
With respect to claim 1, KR ‘382 discloses the panels of the refrigerator are bonded together however does not explicitly teach the inner shell of the first portion and second portion of the insulation panel and the insulation between the inner shell and the outer shell of the first portion and the second portion of the insulation panel are bonded using an adhesive. Tremain teaches an insulation panel (1, FIg.1) used in cabinets; the inner shell (top 3, FIg.4) of the first portion and second portion of the insulation panel (1) and the insulation (2, Fig.4) between the inner shell (top 3) and the outer shell (bottom 3) of the first portion and the second portion of the insulation panel are bonded using an adhesive (Fig.5, Col.6 lines 20-25; Col.3 lines 31-35). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use an adhesive to bond the inner shell of the first portion and the inner shell of the second portion of the insulation panel; and to use an adhesive to bond the insulation between the inner shell and the outer shell of the first portion and the second portion of the insulation panel, such as taught by Tremain, in order to securely hold the first portion and second portion of the insulation panel together at the desired angle/ninety degree relationship to each other and prevent unwanted separation.
With respect to claim 1, modified KR ‘382 doesn’t disclose an evaporator.
KR ‘511 teaches an evaporator (6, Fig.8) to cool the storage room. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include an evaporator to the storage room of modified KR ‘382, such as taught by KR ‘511, in order to absorb heat from inside the refrigerator, cool the space and circulate the cooled air back into the storage room.
With respect to claim 5, the combination teaches (KR ‘382) wherein the outer shell (102) of a first portion of the insulation panel and the outer shell (102) of a second portion of the insulation panel that are folded about the cutout groove are integrally formed (Fig.6).
With respect to claim 6, the combination teaches (KR ‘382) wherein a first cut surface (first surface forming V-shaped cutout 104, FIg.6) of a first portion of the insulation panel forms a first portion of the cutout groove (104, Fig.6) and a second cut surface (opposite surface forming V-shaped cutout 104) of a second portion of the insulation panel forms a second portion of the cutout groove, and the first portion and the second portion are folded about the cutout groove (FIg.7).
With respect to claim 7, the combination teaches (KR ‘382) wherein the first cut surface includes: a first inner shell (101) cut surface (see cut surface of inner shell 101 in figure 6) on the inner shell of the first portion of the insulation panel (100), and a first insulation (103) cut surface on the insulation (see first 45 degree slanted cut surface at the insulation 103 in figure 6) between the inner shell (101) and the outer shell (102) of the first portion of the insulation panel, and the second cut surface includes: a second inner shell cut surface (other cut surface on inner shell 101 in Fig.6) on the inner shell (101) of the second portion of the insulation panel (100), and a second insulation cut surface (other cut surface of the insulation 103, FIg.6) on the insulation between the inner shell and the outer shell of the second portion of the insulation panel, the first inner shell cut surface and the second inner shell cut surface are bonded, and the first insulation cut surface and the second insulation cut surface are bonded (as modified by Tremain, see Fig.5).
With respect to claim 8, the combination (KR ‘382) teaches wherein the outer shell (102, Fig.6) includes: a side portion (130/130a, FIg.7, Fig.10) forming an upper side (131), a left side (132), and a right side (132) of the main body, a front portion forming at least a portion of a front edge of the main body (Fig.7, Fig.10), and a rear portion (rear face of the insulation panel) coupled to the rear wall (133, FIg.10).
With respect to claim 9, the combination (KR ‘382) teaches wherein the outer shell (102, FIg.6) is formed of a metallic material, and the inner shell (101, Fig.6) is formed of a non-woven material (see translation pg.3 second to last line “the upper and lower plates 101 and 102 are used as steel plates or synthetic resins”).
With respect to claim 10, the combination (KR ‘382) teaches wherein the insulation (103) is a foam insulation but doesn’t explicitly teach it’s polyurethane foam. It would have been obvious to one having ordinary skill in the art to make the insulation foam of modified KR ‘382, out of polyurethane, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
With respect to claim 11, modified KR ‘382 doesn’t show a liner coupled to the insulation panel. KR ‘511 teaches a liner (12, Fig.8) coupled to an inner side of the folded insulation panel (100). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a liner coupled to the inner side of the folded insulation panel, such as taught by KR ‘511, in order to provide an inner case for the refrigerator to accommodate food items therein. The combination doesn’t explicitly teach the liner is formed of resin material. It would have been obvious to one having ordinary skill in the art to make the liner out of resin material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
With respect to claim 12, the combination (KR ‘382) teaches wherein each of the outer shell (102) and the inner shell (101) are formed of a metallic material (see translation pg.3 second to last line “the upper and lower plates 101 and 102 are used as steel plates or synthetic resins”).
5. Claims 1, 5-10, 12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over KR100474382 (KR ‘382) in view of US Patent 5,652,039 (Tremain) in further view of US 2013/0264929 (AN).
With respect to claim 1, KR ‘382 shows a refrigerator (Fig.1) comprising: an insulation panel (100, Fig.4) including an inner shell (101, Fig.6), an outer shell (102), and insulation (103, Fig.6) between the inner shell and the outer shell, the insulation panel (100) including a cutout portion (104, FIg.6) that forms a cutout groove in the insulation panel (100) through a portion of the inner shell (101) and a portion of the insulation (103; Fig.6, see translation pg.3 second to last paragraph, “V-shaped bent groove 104 of the foam panel 100 is formed by cutting the upper plate 101 and the foam 103 leaving the lower plate 102”), and the insulation panel (100) is folded about the cutout groove (104, Fig.6) such that: insulation (103, Fig.6) between the inner shell (101) and the outer shell (102) of a first portion (insulation panel at the left side of the groove 104, FIg.6) of the insulation panel and insulation (103) between the inner shell (101) and the outer shell (102) of a second portion (insulation panel at the right side of the groove 104) of the insulation panel that are folded about the cutout groove (104), the inner shell (101) of the first portion of the insulation panel (100) and the inner shell (101) of the second portion of the insulation panel that are folded about the cutout groove (104), and the folded insulation panel forms a main wall (130a, FIg.10); a rear wall (133, Fig.10) coupled to a rear side of the main wall, so that the rear wall (133) and the main wall (130a) together form a main body having a storage room (Fig.11); a door (4, Fig.1) to open and close the storage room.
With respect to claim 1, KR ‘382 discloses the panels of the refrigerator are bonded together however does not explicitly teach the inner shell of the first portion and second portion of the insulation panel and the insulation between the inner shell and the outer shell of the first portion and the second portion of the insulation panel are bonded using an adhesive. Tremain teaches an insulation panel (1, FIg.1) used in cabinets; the inner shell (top 3, FIg.4) of the first portion and second portion of the insulation panel (1) and the insulation (2, Fig.4) between the inner shell (top 3) and the outer shell (bottom 3) of the first portion and the second portion of the insulation panel are bonded using an adhesive (Fig.5, Col.6 lines 20-25; Col.3 lines 31-35). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to use an adhesive to bond the inner shell of the first portion and the inner shell of the second portion of the insulation panel; and to use an adhesive to bond the insulation between the inner shell and the outer shell of the first portion and the second portion of the insulation panel of KR ‘382, such as taught by Tremain, in order to securely hold the first portion and second portion of the insulation panel at the desired angle/ninety degree relationship to each other and prevent unwanted separation.
With respect to claim 1, modified KR ‘382 doesn’t disclose an evaporator.
AN teaches an evaporator (234/244, Fig.2) to cool the storage room (50/60). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include an evaporator to the storage room of modified KR ‘382, such as taught by AN, in order to absorb heat from inside the refrigerator, cool the space and circulate the cooled air back into the storage room.
With respect to claim 5, the combination teaches (KR ‘382) wherein the outer shell (102) of a first portion of the insulation panel and the outer shell (102) of a second portion of the insulation panel that are folded about the cutout groove are integrally formed (Fig.6).
With respect to claim 6, the combination teaches (KR ‘382) wherein a first cut surface (first surface forming V-shaped cutout 104, FIg.6) of a first portion of the insulation panel forms a first portion of the cutout groove (104, Fig.6) and a second cut surface (opposite surface forming V-shaped cutout 104) of a second portion of the insulation panel forms a second portion of the cutout groove, and the first portion and the second portion are folded about the cutout groove (FIg.7).
With respect to claim 7, the combination teaches (KR ‘382) wherein the first cut surface includes: a first inner shell (101) cut surface (see cut surface of inner shell 101 in figure 6) on the inner shell of the first portion of the insulation panel (100), and a first insulation (103) cut surface on the insulation (see first 45 degree slanted cut surface at the insulation 103 in figure 6) between the inner shell (101) and the outer shell (102) of the first portion of the insulation panel, and the second cut surface includes: a second inner shell cut surface (other cut surface on inner shell 101 in Fig.6) on the inner shell (101) of the second portion of the insulation panel (100), and a second insulation cut surface (other cut surface of the insulation 103, FIg.6) on the insulation between the inner shell and the outer shell of the second portion of the insulation panel, the first inner shell cut surface and the second inner shell cut surface are bonded, and the first insulation cut surface and the second insulation cut surface are bonded (as modified by Tremain).
With respect to claim 8, the combination (KR ‘382) teaches wherein the outer shell (102, Fig.6) includes: a side portion (130/130a, FIg.7, Fig.10) forming an upper side (131), a left side (132), and a right side (132) of the main body, a front portion forming at least a portion of a front edge of the main body (Fig.7, Fig.10), and a rear portion (rear face of the insulation panel) coupled to the rear wall (133, FIg.10).
With respect to claim 9, the combination (KR ‘382) teaches wherein the outer shell (102, FIg.6) is formed of a metallic material, and the inner shell (101, Fig.6) is formed of a non-woven material (see translation pg.3 second to last line “the upper and lower plates 101 and 102 are used as steel plates or synthetic resins”).
With respect to claim 10, the combination (KR ‘382) teaches wherein the insulation (103) is a foam insulation but doesn’t explicitly teach it’s polyurethane foam. It would have been obvious to one having ordinary skill in the art to make the insulation foam of modified KR ‘382, out of polyurethane, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
With respect to claim 12, the combination (KR ‘382) teaches wherein each of the outer shell (102) and the inner shell (101) are formed of a metallic material (see translation pg.3 second to last line “the upper and lower plates 101 and 102 are used as steel plates or synthetic resins”).
With respect to claim 14, modified KR ‘382 shows a machine room unit (6, Fig.1) coupled to a lower side of the main body (Fig.1) but doesn’t show a compressor and condenser. AN shows a compressor (200, Fig.2) and a condenser (201) in the machine room (71). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a compressor and condenser to the machine room of modified KR ‘382, such as taught by AN, in order to compress low-temperature low-pressure refrigerant into high-temperature high-pressure supersaturated gaseous refrigerant and condense high-temperature high pressure supersaturated gaseous refrigerant into high-temperature high-pressure saturated liquefied refrigerant.
With respect to claim 15, the combination (AN) shows wherein a refrigerant pipe (210/204, Fig.2) connecting the machine room unit (71) and the evaporator (244/234) is on the rear wall.
6. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over KR100474382 (KR ‘382) and US Patent 5,652,039 (Tremain) in view of KR1020120034511 (KR ‘511) in further view of US Patent 5,855,424 (Hamilton).
With respect to claim 13, modified KR ‘382 doesn’t show a guide coupling hole in the inner shell. Hamilton shows wherein a guide coupling hole (63, Fig.3) is formed in the inner shell so that a shelf guide (59, Fig.1, Fig.3) for supporting a shelf (97) is couplable to the inner shell by the guide coupling hole. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a guide coupling hole to the inner shell of modified KR ‘382, such as taught by Hamilton, in order to be able to support shelves thereon.
7. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over KR100474382 (KR ‘382) and US Patent 5,652,039 (Tremain) in view of KR1020120034511 (KR ‘511) in further view of JP 2013088036 A (JP ‘036).
With respect to claim 18, the combination doesn’t teach a second insulation. JP ‘036 shows the insulation is first insulation (6, Fig.6b), and the refrigerator further includes a second insulation (4, FIg.6b) between the inner shell (5) and the liner (3, Fig.6b), and that exerts an adhesive force (formed urethane) between the inner shell (5) and the liner (3) such that the liner (3) is coupled to the inner side of the folded insulation panel (9, FIg.6b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to include a second insulation between the inner shell and the liner, such as taught by JP ‘036, in order to improve the heat insulation of the refrigerator.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HIWOT E TEFERA/Examiner, Art Unit 3637