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 .
Status
This Office Action is in response to the remarks and amendments filed on 5/20/2026. The 335 USC 112 rejections have been withdrawn. Claims {NUMBERS} remain pending for consideration on the merits.
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “cover main body” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) that forms a storage space (21); an evaporator (12) that is located at a rear of the storage space (fig. 2) and generates 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) configured to supply the cold air to the storage space (flow of arrows in fig. 2), and wherein the blowing fan assembly includes: a blowing fan (13); and a blowing fan cover (122, 132) configured to accommodate the blowing fan (figs. 7-8) and disposed at a rear of the grill pan (fig. 7), wherein the blowing fan cover includes: a cover main body (340a, 340b) including a first flow path (340) through which the cold air moves in a direction away from the evaporator (air flow fig. 2), and a cover extension portion (440a, 440b) that extends from a front surface of the cover main body (figs. 7-8) and including a second flow path (440) through which the cold air moves in a direction toward the evaporator (air flow in fig. 2).
Regarding claim 2, You teaches 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 evaporator (the 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) that is disposed at the rear of the grill pan (fig. 7) and forms a flow path (320) through which the cold air flows, and wherein the insulation member is disposed not to overlap the blowing fan in a front and rearward direction (fig. 7).
Regarding claim 6, You teaches the grill pan includes: a first plate (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 (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 (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 second pan discharge port is located lower than the blowing fan (420 is lower than 13).
Regarding claim 8, You teaches the second plate is located at a front of the first plate (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) that is disposed at the rear of the grill pan (FIG. 7) and forms a flow path (320) through which the cold air flows, wherein the grill pan further includes a third plate (annotated fig. below) the first plate and the second plate, and wherein the insulation member is disposed to overlap the first plate and the second plate (fig. 7) in a forward and rearward direction, but not to overlap the third plate part in the forward and rearward direction (fig. 7).
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Regarding claim 11, You teaches 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 portion (20a) provided with the cold air moving through the first flow path, and a second storage portion (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 portion.
Regarding claim 13, You teaches all the limitations of claim 13 including the blowing fan assembly includes: the blowing fan cover includes: a cover main body (122) including an upper opening (opening of 340) that opens upward and defines an accommodation space (20b) in which the blowing fan is provided, and a cover extension portion (440a, 440b) that extends forward from a surface of the cover main body (figs. 7-8) and includes a front opening (bottom area of 440) that opens forward and is provided at a front end thereof (opening in forward direction, fig. 2).
Regarding claim 14, You teaches the upper opening is disposed on a first side of the blowing fan (upper area above fan 13 for 340b), and wherein the cover extension portion is disposed on the a second side of the blowing fan (lower area below fan 13 for 440b).
Regarding claim 15, You teaches the cover extension portion extends in a downwardly inclined direction toward a front therefor (inclination 440a, 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 portion (20a), and a second storage portion (22) maintained at a lower temperature (freezing compartment, paragraph 0130) than the first storage portion, and wherein the front opening is connected to the second storage portion (fig. 2).
Regarding claim 18, You teaches wherein the grill pan includes: a first plate (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 (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, and a third plate (annotated fig. below) that connects the first plate and the second plate.
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Regarding claim 19, You teaches wherein the grill pan assembly further includes an insulation member (130) that is disposed at the rear of the grill pan and forms a flow path through which the cold air flows, and wherein the insulation member is disposed to overlap the first plate and the second plate in a forward and rearward direction (fig. 7), but not to overlap the third plate part in the forward and rearward direction (fig. 7).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 (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.
Response to Arguments
Applicant's arguments filed in the reply have been fully considered but they are not persuasive.
In response to applicant's argument on pg. 13 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. the claimed blowing fan cover is separately provide at the rear of the grill pan) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, the Examiner disagrees, as illustrated in Figs. 7-8 100 is formed separately from 200 and the first and second flow paths (340a, b and 440a, b) are defined within the cited blowing fan cover. It is noted that applicant is not claiming the individual described parts of the blowing fan cover, i.e. a front cover part and rear cover part. Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
In response to applicant’s arguments on pgs. 12-13 that the reference does not teach the recited features of claim 1, the Examiner disagrees. You describes a blowing fan assembly (13) configured to supply the cold air to the storage space (flow of arrows in fig. 2), and wherein the blowing fan assembly includes: a blowing fan (13); and a blowing fan cover (122, 132) configured to accommodate the blowing fan (figs. 7-8) and disposed at a rear of the grill pan (fig. 7), wherein the blowing fan cover includes: a cover main body (340a, 340b) including a first flow path (340) through which the cold air moves in a direction away from the evaporator (air flow fig. 2), and a cover extension portion (440a, 440b) that extends from a front surface of the cover main body (figs. 7-8) and including a second flow path (440) through which the cold air moves in a direction toward the evaporator (air flow in fig. 2). Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
In response to applicant's argument on pgs. 13-14 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. Maximizes airflow and prevents backflow or vortex formation through precise control of fan clearance (gap), isolates fan operation noise and resonance by employing an independent structure and vibration-insulating components, a high-sealing airtight design, allowing independent inspection and replacement of the blowing fan assembly, the two flow paths are established by a distinct shroud-shaped blowing fan cover) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, the Examiner disagrees, as illustrated in Figs. 7-8 100 is formed separately from 200 and the first and second flow paths (340a, b and 440a, b) are defined within the cited blowing fan cover. It is noted that applicant is not claiming the individual described parts of the blowing fan cover, i.e. a front cover part and rear cover part. Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
Applicant does not separately argue claims 2-12 except for the dependency from claim 1. Therefore the rejections are considered proper and maintained.
Applicant does not separately argue claims 13-20. Therefore the rejections are considered proper and maintained.
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.
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
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