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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an applications filed in Korea on 22 September 2023 and 5 January 2024. It is noted, however, that applicant has not filed a certified copy of the Korean applications as required by 37 CFR 1.55.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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. Such claim limitation(s) is/are: “cooling portion,” “heating portion,” “fan accommodating portion,” and “sink accommodating portion” used throughout the claims.
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.
For the record:
“Cooling portion” has been interpreted as corresponding to the structure of reference numeral 532 as described in the specification, and equivalents thereof.
“Heating portion” has been interpreted as corresponding to the structure of reference numeral 531 as described in the specification, and equivalents thereof.
“Fan accommodating portion” has been interpreted as corresponding to the structure of reference numeral 760 as described in the specification, and equivalents thereof.
“Sink accommodating portion” has been interpreted as corresponding to the structure of reference numeral 770 as described in the specification, and equivalents thereof.
Claim limitation “thermoelectric cooling device” has NOT been interpreted under 35 U.S.C. 112(f) since sufficient corresponding structure is recited within base claim 1.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2018/0112895 A1)) in view of Jeon et al.(US 2021/0247112 A1) and Adamski et al. (US 6370882 B1).
As per claim 1, Choi et al. disclose a refrigerator comprising: a main body 110; a storage compartment inside 120 the main body; a door 130 configured to open and close the storage compartment; an evaporator (paras. 0004, 0006, 0037)configured to evaporate a refrigerant to generate cold air; an evaporator duct at a rear side of the storage compartment and configured to supply cold air generated by the evaporator to the storage compartment; and a thermoelectric cooling device (170, 270, 370) including a thermoelectric element 371 including a heating portion which generates heat and thereby causes air to be heated and a cooling portion which absorbs heat and thereby causes air to be cooled (paras. 0034, 0065; etc.), wherein the thermoelectric cooling device is configured to heat air from an outside of the main body with the heating portion and discharge the air heated by the heating portion to the outside of the main body (para. 0034; etc.), and to cool air from the storage compartment with the cooling portion and supply the air cooled by the cooling portion to the storage compartment (para. 0034; etc.).
Choi et al. do not teach an evaporator duct at a rear side of the storage compartment and configured to supply cold air generated by the evaporator to the storage compartment; or the thermoelectric cooling device is disposed on an upper side of the storage chamber.
Regarding the evaporator duct, Jeon et al. teach a refrigerator comprising an evaporator duct 100 at a rear side of the storage compartment and configured to supply cold air generated by the evaporator 41 to the storage compartment (50, 60). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly provide such an evaporator duct within the refrigerator of Choi et al. for the similar purpose of effectively directed cold air from the evaporator to cool the storage chamber.
Regarding the thermoelectric cooling device being disposed on an upper side of the storage chamber, Adamski teaches a thermoelectric cooling device (24a, 24b) being disposed on an upper side of storage chamber 12. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly locate the thermoelectric cooling device of Choi et al. on the upper side of the storage compartment as simply a rearrangement of existing parts in a manner already generally understood in the art.
As per claim 2, Choi et al. do not teach wherein the heating portion faces above the thermoelectric element and the cooling portion faces below the thermoelectric element. Adamski et al. teach wherein the heating portion 26 faces above the thermoelectric element and the cooling portion 28 faces below the thermoelectric element (Fig. 5; etc.) It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to provide such a juxtaposition for the purpose of effectively removing heat from the chamber as illustrated in Fig. 3, etc. of Adamski et al.
As per claim 3, Choi et al. teach wherein the thermoelectric cooling device comprises a heat dissipation sink 375 including: a heat dissipation sink base 375a which is in contact with the heating portion (Figs. 3-4; etc.); and a plurality of heat dissipation fins 375b protruding from the heat dissipation sink base in a first direction which is perpendicular to a surface of the heat dissipation sink base (Figs. 3-4; etc.). Choi et al. do not teach the surface of the heat dissipation sink base being an upper surface. Adamski et al. teach the surface of the heat dissipation sink base being an upper surface (Fig. 5; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide the surface of the heat dissipation sink base being an upper surface for the purpose of effectively removing heat from the system to the outside air.
As per claim 4, Choi et al. disclose wherein the thermoelectric cooling device includes a heat dissipation fan 376 configured to generate a flow of air in a second direction which is parallel to the surface of the heat dissipation sink base and toward the heat dissipation sink (via centrifugal fans discussed at para. 0071). Again, Choi et al. do not teach the surface of the heat dissipation sink base being an upper surface. Again, Adamski et al. teach the surface of the heat dissipation sink base being an upper surface (Fig. 5; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide the surface of the heat dissipation sink base being an upper surface for the purpose of effectively removing heat from the system to the outside air.
As per claim 5, Choi et al. disclose wherein the heat dissipation fan is a centrifugal fan (para. 0071) configured to draw air into the centrifugal fan along an axial direction of the centrifugal fan and discharge the flow of air along a radial direction of the centrifugal fan (para. 0071), and the heat dissipation sink is located in the radial direction (Figs. 3-4 show heat sink 375 extending beyond in the radial direction).
As per claim 6, Choi et al. do not teach wherein the thermoelectric cooling device includes a fan case in which the heat dissipation fan is accommodated, and which guides the flow of air from the heat dissipation fan toward the heat dissipation sink. Adamski et al. teach wherein the thermoelectric cooling device includes a fan case in which the heat dissipation fan is accommodated (see Fig. 7, wherein fans 62a & 62b are accommodated in duct 66a and 66b, respectively, which serve as a case for the fans), and which guides the flow of air from the heat dissipation fan toward the heat dissipation sink (Fig. 7). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide such a fan case for effectively containing the fan and directing airflow to the heat sink.
As per claim 7, Choi et al. do not teach wherein the fan case includes: a case bottom on which the heat dissipation fan is rotatably coupled, a case scroll portion extending upward from an edge of the case bottom, and a case guide extending upward from the case bottom and spaced apart from the case scroll portion, and the case bottom, the case scroll portion, and the case guide are configured to guide the flow of air from the heat dissipation fan toward the heat dissipation sink. Adamski et al. teach wherein the fan case includes: a case bottom 16 on which the heat dissipation fan is rotatably coupled, a case scroll portion (rounded portion surrounding the fan as shown in Fig. 7) extending upward from an edge of the case bottom (Fig. 7), and a case guide (straight portion extending from rounded portion to point where sinks 24a, 24b begin; also short central guide portion extending from the fans to sinks 24a, 24b in Fig. 7) extending upward from the case bottom and spaced apart from the case scroll portion, and the case bottom, the case scroll portion, and the case guide are configured to guide the flow of air from the heat dissipation fan toward the heat dissipation sink (Fig. 7). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide such fan case features for the purpose of effectively directing airflow through the fan and to the heat sink.
As per claim 8, Choi et al. do not teach wherein the case scroll portion includes a downstream end and an upstream end according to a rotation direction of the heat dissipation fan, and a scroll portion opening is between the downstream end and the upstream end and is open toward the heat dissipation sink. Adamski et al. teach wherein the case scroll portion includes a downstream end (toward the heat sink) and an upstream end (from above, as shown in Fig. 3) according to a rotation direction of the heat dissipation fan, and a scroll portion opening (opening where the central guide in Fig. 7 begins) is between the downstream end and the upstream end and is open toward the heat dissipation sink (Fig. 7). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide such fan case features for the purpose of effectively directing airflow through the fan and to the heat sink.
As per claim 9, Choi et al. do not teach wherein the case guide is configured to guide the flow of air toward the upstream end of the case scroll portion. Adamski et al. teach wherein the case guide is configured to guide the flow of air toward the upstream end of the case scroll portion (Fig. 7; case guide is functionally capable of directing flow in either horizontal direction). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide such fan case features for the purpose of effectively directing airflow through the fan and to the heat sink.
As per claim 10, Choi et al. do not teach wherein the thermoelectric cooling device includes a heat dissipation duct on an upper side of the main body to guide the flow of air to exchange heat with the heat dissipation sink. Adamski et al. teach wherein the thermoelectric cooling device includes a heat dissipation duct (66a, 66b) on an upper side of the main body to guide the flow of air to exchange heat with the heat dissipation sink (26a, 26b) (Figs. 3 and 7; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide such ducting for the purpose effectively directing airflow to remove heat from thermoelectric device.
As per claim 11, Choi et al. do not teach wherein the heat dissipation duct includes: an outside air intake port to draw air from outside the main body into the heat dissipation duct, and an outside air discharge port to discharge the air, drawn into the heat dissipation duct and which exchanges heat with the heat dissipation sink, toward the outside of the main body. Adamski et al. teach wherein the heat dissipation duct includes: an outside air intake port to draw air from outside the main body into the heat dissipation duct (see downward airflow intake in Fig. 3), and an outside air discharge port to discharge the air, drawn into the heat dissipation duct and which exchanges heat with the heat dissipation sink, toward the outside of the main body (discharge port at outlet of ducts 68a & 68b as shown in Fig. 7). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide such ducting for the purpose effectively directing airflow to remove heat from thermoelectric device.
As per claim 12, Choi et al. do not teach wherein the heat dissipation duct includes: a fan accommodating portion forming a fan accommodating space to accommodate the heat dissipation fan, and a sink accommodating portion forming a sink accommodating space to accommodate the heat dissipation sink. Adamski et al. teach wherein the heat dissipation duct includes: a fan accommodating portion forming a fan accommodating space to accommodate the heat dissipation fan (Figs. 3 and 7; etc.), and a sink accommodating portion forming a sink accommodating space to accommodate the heat dissipation sink (Figs. 3 and 7; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, provide such accommodating portions for the purpose of mounting the fan and sink within the air flow duct in order to effectively circulate and provide heat exchange with the outside air.
As pe claim 13, Choi et al. do not teach wherein the fan accommodating space and the sink accommodating space are located on a horizontal line. Adamski et al. teach wherein the fan accommodating space and the sink accommodating space are located on a horizontal line (Figs. 3 and 7; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide the accommodating spaces along a horizontal line since the arrangement itself is mounted on the horizontal upper surface of the cooled chamber.
As per claim 14, Choi et al. do not teach wherein the heat dissipation duct includes an intake duct portion on an upstream side of the fan accommodating portion forming an intake space to guide air, which is drawn from outside the main body into the heat dissipation duct through the outside air intake port, to the fan accommodating space. Adamski et al. teach wherein the heat dissipation duct includes an intake duct portion on an upstream side of the fan accommodating portion forming an intake space to guide air (intake air shown in Fig. 3), which is drawn from outside the main body into the heat dissipation ducts 66a &66b through the outside air intake port, to the fan accommodating space (Figs. 3 and 7; etc.). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide such ducting for the purpose effectively directing airflow to remove heat from thermoelectric device.
As per claim 15, Choi et al. do not teach wherein the heat dissipation duct includes a discharge duct portion on a downstream side of the sink accommodating portion forming a discharge space to guide air, which exchanges heat with the heat dissipation sink, to the outside air discharge port. Adamski et al. teach wherein the heat dissipation duct includes a discharge duct portion on a downstream side of the sink accommodating portion (68a and 68b) forming a discharge space to guide air, which exchanges heat with the heat dissipation sink, to the outside air discharge port. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to, in modifying the system of Choi et al. in view of Adamski et al. as discussed regarding claim 1, similarly provide such ducting for the purpose effectively directing airflow to remove heat from thermoelectric device.
Cited Prior Art
The following references not applied in the rejections above are considered pertinent to Applicant’s disclosed invention.
Yook et al. (US 2025/0224172 A1), Seo et al. (US 2025/0224156 A1), Han et al. (US 2025/0224171 A1), Lee et al. (US 2025/0102216 A1), and Han et al. (US 2025/0102198 A1) are related applications by the same assignee as the instant application.
Hu et al. (US 2015/0330678 A1) teach a refrigerator with a thermoelectric device mounted at the top of the door (Fig. 5; etc.).
Lin et al. (US 6895762 B1) teach a refrigerator with a top mounted thermoelectric device.
Evans (US 6854275 B2) teach another refrigerator with a top mounted thermoelectric device.
Gilley et al. (US 6003319) teach another refrigerator with a top mounted thermoelectric device.
Burke et al. (US 4726193) teach another refrigerator with a top mounted thermoelectric device.
Corini (US 3823567) teach another refrigerator with a top mounted thermoelectric device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC E NORMAN/Primary Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763