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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Refrigeration Appliance Having A Power Supply Module.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Claim limitation “control and/or power supply module” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “module” coupled with functional language “power supply” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 16-26 and 28-30 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Note claim 27 recites sufficient structure for performing the function and accordingly, does not invoke 35 USC 112(f).
Claim limitation “waterproof mechanism for blocking said accommodating cavity from outside jointly with said top cap or independently of said top cap” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “mechanism” coupled with functional language “blocking said accommodating cavity from outside jointly with said top cap or independently of said top cap” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 29 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
control and/or power supply module → Printed Circuit Board
waterproof mechanism → element 11 which includes a wall and groove
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
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.
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.
Claims 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over WO2019/151608 to Yun, hereinafter referred to as Yun (see English language translation provided herewith), in view of WO2009/000700 to Keller et al., hereinafter referred to as Keller (see English language translation provided herewith).
In reference to claim 16, Yun and Keller disclose the claimed invention.
Yun discloses a refrigeration appliance (1, see figure 1), comprising:
a box body (11) having a front (at 15), a top (11b), a rear side (11d), and a door (15) arranged at the front of said box body;
a control and/or power supply module (7);
said box body (11) being formed with an accommodating cavity (112) at the top of said box body, said accommodating cavity having an upwardly open first opening to allow said control and/or power supply module (7) to enter said accommodating cavity;
said control and/or power supply module having a first connector (73, 75, 77, 79) to enable a second connector (power line as described in underlined portion of page 7 of the English language translation), to be engaged with said first connector.
a top cap (113) for closing said first opening.
Yun fails to disclose said accommodating cavity being arranged to open towards the rear side of said box body to enable the second connector to be engaged with said first connector from the rear side of said box body.
Keller teaches that in the analogous art of power/cable management of refrigerators, that it is a known method to provide an accommodating cavity (7) being arranged to open towards the top and the rear side of said box body (1, see figure 1) to enable a second connector (14) to be engaged with a first connector (17) from the rear side of a box body (1). This is strong evidence that modifying Yun as claimed would produce predictable results (i.e., allow for access to the control/power unit via the top and/or rear of the cabinet). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Yun by Keller such that, said accommodating cavity was arranged to open towards the rear side of said box body to enable the second connector to be engaged with said first connector from the rear side of said box body, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of allowing the control cavity to be accessed from both the top and rear of the refrigerator cabinet.
In reference to claim 17, Yun and Keller disclose the claimed invention.
Yun discloses said first connector comprises a power terminal (power module of the refrigerator) and said second connector is configured to supply power to the control and/or power supply module see underlined portion of page 8 of the English language translation.
In reference to claim 18, Yun and Keller disclose the claimed invention.
With respect to the limitation of said second connector is configured to burn a control program to said control and/or power supply module it is firstly noted that the second connector is not positively cited structure in the claims. Said second connector finds antecedent basis in claim 1 where the claim merely requires the accommodating cavity being arranged to enable a second connecter to be engaged with said first connector from the side of said box body. The second connector is only claimed as a functional capability of the arrangement of the accommodating cavity. Thus, claim 18 requires the cavity being arranged to enable a second connector configured to burn a control program to said control and/or power supply module to be engaged with said first connector from the side of said box body. Since the claim does not further specify, define, or limit what, if any, additional structure is required in order for the accommodating cavity " to enable a second connector configured to burn a control program to said control and/or power supply module to be engaged with said first connector from the side of said box body " beyond that previously recited, of which Yun includes, as detailed above, Yun as modified is considered to meet the limitations of the claim.
In reference to claim 19, Yun and Keller disclose the claimed invention.
said control and/or power supply module (7) comprises a printed circuit board (PCB), said first connector comprises a connection (73, 75, 77, 79) terminal arranged on said printed circuit board, and said second connector is configured to be connected to said connection terminal to burn the control program to said control and/or power supply module. In claim 19, the second connector is still not positively cited structure and is merely a functional requirement of the accommodating cavity being arranged to enable a second connector configured to be connected to said terminal to burn the control program but does not require the specific second connector. Since the claim does not further specify, define, or limit what, if any, additional structure is required in order for the accommodating cavity " to enable a second connector configured to burn a control program to said control and/or power supply module to be engaged with said first connector from the side of said box body " beyond that previously recited, of which Yun includes, as detailed above, Yun as modified is considered to meet the limitations of the claim.
In reference to claim 20, Yun and Keller disclose the claimed invention.
Keller teaches said box body is formed with a concave portion that is concave forward from a rear surface of said box body (at 7), and said second connector (14) is configured to be at least partially accommodated in said concave portion. Accordingly, when modifying Yun by Keller as applied in claim 1 supra, the limitations of claim 20 would be met by the combination.
In reference to claim 21, Yun and Keller disclose the claimed invention.
Yun discloses said control and/or power supply module (7) comprises a printed circuit board extending in a horizontal direction, but fails to disclose said second connector is configured to be plugged onto said first connector from the rear side of said box body in parallel with said printed circuit board.
It is noted that the claimed limitations are merely arranging old elements that would perform the exact same function and would yield no more than predictable results. It has been long established that when a patent simply arranges old elements with each performing the same function it had been known to perform and yields no more than one would expect from such an arrangement, the combination is obvious.” Sakraida v. AG Pro, Inc., 425 U.S. 273 (1976). See also In re Einstein, 46 F.2d 373, 374 (CCPA 1931) where it was stated that “a mere reversal of the essential working parts of a previously patented device did not constitute invention.” Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Yun by rearranging the essential parts of the second connector arranged from the rear side and arrive at the claimed invention since it has been held that a mere reversal of the essential working parts of a previously patented device did not constitute invention.
Claims 22, 23, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Yun and Kim as applied to claim 16 supra, and in further view of KR100758990 to Kim, hereinafter referred to as Kim (see English language translation provided herewith).
In reference to claim 22, Yun, Keller, and Kim disclose the claimed invention.
Yun discloses said box body comprises a back plate (11c), an upper plate (11b), but fails to disclose an accommodating housing wherein said upper plate has a first opening, said accommodating housing is connected to said upper plate through said first opening, and said control and/or power supply module is at least partially accommodated in said accommodating housing.
Kim teaches that in the analogous art of housing electrical and electronic components in a refrigerator housing, that it is a known method to provide an accommodating housing (60) wherein said upper plate (11) has a first opening (14), said accommodating housing (60) is connected to said upper plate through said first opening, and said control and/or power supply module (40) is at least partially accommodated in said accommodating housing (60), see figure 2. This is strong evidence that modifying Yun as claimed would produce predictable results (i.e., facilitate repair and replacement of components, see underlined portion of page 2 of the English language translation). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Yun by Kim such that, the refrigerator included an accommodating housing wherein said upper plate has a first opening, said accommodating housing is connected to said upper plate through said first opening, and said control and/or power supply module is at least partially accommodated in said accommodating housing, since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of facilitating repair and replacement of components.
In reference to claim 23, Yun, Keller, and Kim disclose the claimed invention.
The combination of Yun, Keller and Kim would result in a rear end of said accommodating housing is at least partially connected to said back plate. Note that the term “at least partially connected” is a broad term that includes connection via intervening structure. Since the rear end of the accommodating house would be connected via intervening structure of the refrigerator components and housing, it is reasonable to consider the combination to meet the limitations of the claim.
In reference to claim 28, Yun, Keller, and Kim disclose the claimed invention.
Keller teaches the top cap (8) forms a part of the rear surface of the box body. Accordingly, when modifying Yun by Keller as applied in claim 16 supra, the limitations of claim 28 would be met by the combination.
In reference to claim 29, Yun, Keller, and Kim disclose the claimed invention.
Kim discloses a waterproof mechanism (70) arranged on said upper plate (11) through said first opening (at 14a), for blocking said accommodating cavity from outside jointly with said top cap (90). Note the gasket (70) is considered an equivalent to applicant’s disclosed waterproof mechanism since it performs the same function specified in the claim, is not excluded by any explicit definition and performs the identical function in substantially the same way and produces substantially the same results, a person of ordinary skill in the art would have recognized the interchangeability of the element shown in the prior art for the corresponding element disclosed in the speciation and there are insubstantial differences between the prior art element and the corresponding element disclosed in the specification.
Allowable Subject Matter
Claims 24-27 and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, when considered as a whole, alone or in combination fails to teach nor render obvious the particular combination of the instant claims including: said accommodating housing forms a part of a rear surface of said box body, and said accommodating housing is formed with a second inlet that is open toward the rear side of said box body to allow the second connector to be engaged with said first connector, as required by instant claim 24; said back plate is formed with a second opening, and said accommodating housing comprises an extending portion connected to said back plate through said second opening, as required by instant claim 26; said control and/or power supply module comprises a holder and a printed circuit board carried on said holder, and said holder is connected to said accommodating housing and is formed with a cut corresponding to said first connector as required by instant claim 27; and, wherein: said box body has a water outlet on the rear side of said box body; and wherein at least one of: said water outlet is in fluid communication with said accommodating cavity and the rear side of said box body; or said water outlet is provided at an end of a slot or is in fluid communication with the slot, the slot being provided around said accommodating cavity and arranged outside said accommodating cavity, as required by instant claim 30. Without some teaching, suggestion, or motivation, one skilled in the art would not be motivated to modify the base reference as claimed without improper hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763 /FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763