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 .
Election/Restrictions
Applicant's election with traverse of Species A, claims 1-20 in the reply filed on 2/5/2026 is acknowledged. The traversal is on the ground(s) that the search and examination of the entire application can be made without serious burden. This is not found persuasive because as stated in MPEP § 806.04(b), an election of species may be required even in the event that the species are related by a general inventive concept. Additionally, as stated in MPEP § 806.04(f) requirement for an election of species may be proper if the species are mutually exclusive, i.e. each of the claims directed to the different species recites characteristics not claimed in the claims directed in the species of the other species. Thus, the relation of the two inventions via common features does render an election of species requirement improper. The different species would impose a search burden for the reasons cited in the previous office action.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Applicant is reminded that in order for a patent issuing on the instant application to obtain priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or (b), based on priority papers filed in a parent or related Application No. KR10-2023-0109931 (to which the present application claims the benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) or is a reissue application of a patent issued on the related application), a claim for such foreign priority must be timely made in this application. To satisfy the requirement of 37 CFR 1.55 for a certified copy of the foreign application, applicant may simply identify the parent nonprovisional application or patent for which reissue is sought containing the certified copy.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/7/2025 was filed after the mailing date of the application on 8/13/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3 is 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.
Claim 3 recites “the blowing fan is configured to inhale the cold air from the front” which renders the claim indefinite because there is no structure recited relating to “the front”. For examination purpose it will be interpreted that the cold is supplied from the evaporator. Clarity is advised.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9, 11-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You et al (US 20240210091).
Regarding claim 1, You teaches a refrigerator (1) comprising: a cabinet (50) forming a storage space (21); an evaporator (12) located at a rear of the storage space (fig. 2) and forming cold air (cold air, paragraph 0134); and a grill pan assembly (80) located at the rear of the storage space (fig. 2), wherein the grill pan assembly includes: a grill pan (200), and a blowing fan assembly (13) disposed at a rear of the grill pan (fig. 2) and configured to supply cold air to the storage space (flow of arrows in fig. 2), and wherein the blowing fan assembly includes: a first flow path (340) through which the cold air moves in a direction away from the evaporator (air flow fig. 2), and a second flow path (440) through which the cold air moves in a direction closer to the evaporator (air flow in fig. 2).
Regarding claim 2, You teaches the blowing fan assembly includes a blowing fan (13) configured to flow cold air, and wherein the blowing fan is located between the first flow path and the second flow path (location of 13 fig. 2).
Regarding claim 3, You teaches the blowing fan is configured to inhale the cold air from the front (he cold air generated by the evaporator 12 may be flowed by the fan 13, paragraph 0122) and discharge the cold air in a radial direction (radial direction, paragraph 0226).
Regarding claim 4, You teaches the evaporator is located below the blowing fan assembly (12 is below 13, fig. 2).
Regarding claim 5, You teaches the grill pan assembly further includes an insulation member (130) disposed at the rear of the grill pan (fig. 7) and forming a flow path (320) through which the cold air flows, and wherein the insulation member is disposed not to overlap the blowing fan in the front and rear direction (fig. 7).
Regarding claim 6, You teaches the grill pan includes: a first plate part (100a) formed with a first pan discharge port (321) through which the cold air provided from the first flow path is discharged (first discharge hole 320 may communicate with the lower portion 341 of the first discharge flow path 340, paragraph 0214), and a second plate part (100b) formed with a second pan discharge port (420) through which the cold air provided from the second flow path (second discharge hole 420 may communicate with the second discharge flow path 440, paragraph 0220) is discharged and located at a front of the first plate part (fig. 5), and wherein the second pan discharge port is located lower than the first pan discharge port (fig. 5).
Regarding claim 7, You teaches the blowing fan assembly includes a blowing fan (13) disposed between the first flow path and the second flow path (fig. 2) and configured to flow the cold air (air flow fig. 2), and wherein the second pan discharge port is located lower than the blowing fan (420 is lower than 13).
Regarding claim 8, You teaches the second plate part is located at the front of the first plate part (100b is located in front of 100a based in the angle illustrated in fig. 2).
Regarding claim 9, You teaches the grill pan assembly further includes an insulation member (130) disposed at the rear of the grill pan (FIG. 7) and forming a flow path (320) through which the cold air flows, wherein the grill pan further includes a third plate part (annotated fig. below) connecting the first plate part and the second plate part, and wherein the insulation member is disposed to overlap the first plate part and the second plate part (fig. 7) in the front and rear direction, but not to overlap the third plate part in the front and rear direction (fig. 7).
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Regarding claim 11, You teaches wherein the blowing fan assembly includes a blowing fan (13) configured to flow the cold air, and wherein the blowing fan is located between the first plate part and the second plate part (13 is between 100a and 100b).
Regarding claim 12, You teaches the storage space includes: a first storage part (20a) provided with the cold air moving through the first flow path, and a second storage part (22) provided with the cold air moving through the second flow path, and wherein the second storage part is maintained at a lower temperature (freezing compartment, paragraph 0130) than the first storage part.
Regarding claim 13, You teaches all the limitations of claim 13 including the blowing fan assembly includes: a blowing fan (13), and a blowing fan cover (100) configured to accommodate the blowing fan, and wherein the blowing fan cover includes: a cover main body (122) including an upper opening (opening of 340) opened upward and defining an accommodation space (20b) in which the blowing fan is provided, and a cover extension part (440b) protruding forward from the cover main body and includes a front opening (bottom area of 440) that opens forward (opening in forward direction, fig. 2).
Regarding claim 14, You teaches the upper opening is disposed on one side of the blowing fan (upper area above fan 13 for 340b), and wherein the cover extension part is disposed on the other side of the blowing fan (lower area below fan 13 for 440b).
Regarding claim 15, You teaches the cover extension part extends in a downwardly inclined direction toward the front (inclination 440b).
Regarding claim 16, You teaches the front opening is disposed below the blowing fan (opening 440b below 13).
Regarding claim 17, You teaches the storage space includes: a first storage part (20a), and a second storage part (22) maintained at a lower temperature(freezing compartment, paragraph 0130) than the first storage part, and wherein the front opening is connected to the second storage part (fig. 2).
Regarding claim 18, You teaches wherein the grill pan includes: a first plate part (annotated fig. below) located above the blowing fan and having a first pan discharge port (320) through which the cold air provided from the upper opening is discharged, a second plate part (annotated fig. below) located lower than the blowing fan, having a second pan discharge port (440) through which the cold air provided from the front opening is discharged, and located forward of the first plate part, and a third plate part (annotated fig. below) connecting the first plate part and the second plate part.
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Regarding claim 19, You teaches wherein the grill pan assembly further includes an insulation member (130)disposed at the rear of the grill pan and forming a flow path through which the cold air flows, and wherein the insulation member is disposed to overlap the first plate part and the second plate part in the front and rear direction (fig. 7), but not to overlap the third plate part in the front and rear direction (fig. 7).
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.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over You.
Regarding claims 10 and 20, You teaches the evaporator is located at a rear of the second plate part (fig. 2) but fails to explicitly teach wherein the second pan discharge port is located above the evaporator.
However, it has been held that an “obvious to try” rationale when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is a support for a conclusion of obviousness which is consistent with the proper "functional approach" to the determination of obviousness as laid down in Graham, if the following findings can be established: (1) a finding that at the time of the invention, there had been a recognized problem or need in the art, which may include a design need or market pressure to solve a problem; (2) a finding that there had been a finite number of identified, predictable potential solutions to the recognized need or problem; (3) a finding that one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success; and (4) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness. See MPEP § 2143(I)(E).
In the instant case, and as per (1), one of ordinary skill in the art would recognize the teachings of ‘378 regarding the hole space on the plate. In essence, You considers placement of the second pan discharge port. As per (2), based on the above teachings, one of ordinary skill in the art would recognize that the holes on the plate can only be arranged in a finite combination as follows: (A) above the evaporator (B) in front of the evaporator, or (C) below the evaporator. As per (3), one of ordinary skill in the art would recognize that changing the position of the second pan discharge port will not change the principles of operation of the prior art, nor would it render the prior art inoperable for its intended purpose, since air will be distributed in the prior art of You will continue to operate regardless of the placement of the second pan discharge port. In other words, modifying the prior art to achieve any of the aforementioned combinations of (A), (B) and (C) can be done with a reasonable expectation of success. This is supported by the fact that You considers the second pan discharge port As per (4), one of ordinary skill in the art would recognize that choosing a placement of the second pan discharge port can be done as a matter of routine optimization, in order to achieve a configuration of air flow with enhanced cooling.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of You and to have modified them by having the second pan discharge port is located above the evaporator, as a matter of choosing a finite number of predictable solutions, in order to achieve a desired level of cooling, without yielding unpredictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763