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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/6/2024 was filed after the mailing date of the application on 6/20/2025. 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 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: “an avoid part” in claim 1.
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.
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 § 112
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 1-20 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.
Regarding claim 1, recites the limitations “an avoiding part”. The term “part” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which part is in communication with the storage room. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is in communication with the storage part. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim.
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 1-20 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.
Claim limitation “an avoid part” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose a structure which is in communication with the storage part.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2-20 are rejected based on dependency from rejected claim.
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, 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara et al (US 4637222).
Regarding claim 1, Fujiwara teaches a refrigerator (A), wherein the refrigerator comprises a refrigerator main-body (2) and an air blowing member (10, 11), a storage room (interior of 2) is provided inside the refrigerator main-body, an avoiding part (9a) in communication with the storage room is provided at an inner wall surface of the refrigerator main-body (fig. 4), at least part of the air blowing member is provided inside the avoiding part (fig. 4), and the air blowing member is for blowing air toward the storage room (arrows, fig. 4).
Regarding claim 2, Fujiwara teaches the refrigerator main-body comprises a cabinet (exterior of 2), the storage room is provided inside the cabinet (fig. 4), the avoiding part is provided at a top wall of the cabinet (fig. 4), and an air duct (arrow leading into interior of 2) is defined between the air blowing member and an inner wall of the avoiding part (fig. 4).
Regarding claim 4, Fujiwara teaches the inner wall surface of the avoiding part is an upwardly protruding arcuate surface (9a shape in fig. 4).
Regarding claim 11, Fujiwara teaches a pick-up opening (18a) in communication with the storage room is provided at a side wall of the refrigerator main-body (fig. 1), the air blowing member is located on one side of the storage room that is close to the pick-up opening (fig. 1 and 4), and the air blowing member blows air toward one side of the storage room that is away from the pick-up opening (fig. 4).
Regarding claim 12, Fujiwara teaches a vehicle (fig. 2), comprising: a vehicle body (fig. 2); and the refrigerator according to claim 1, wherein the refrigerator is provided inside the vehicle body (fig. 2).
Regarding claim 13, Fujiwara teaches the air blowing member is located entirely inside the avoiding part (fig. 4).
Regarding claim 14, Fujiwara teaches the avoiding part is located at an upper part of the storage room (fig. 4).
Regarding claim 15, Fujiwara teaches the avoiding part is located at a top wall of the storage room (fig. 4).
Regarding claim 16, Fujiwara teaches the refrigerator further comprises an evaporator (5d) and a compressor (21); the compressor and the evaporator are communicated (fig. 11), the compressor is provided outside a cabinet of the refrigerator main-body (col. 5, lines 34-40), and the compressor performs energy exchange with the evaporator (fig. 11); and the evaporator covers a peripheral wall of the cabinet (fig. 6), and the evaporator transfers cooling capacity toward an interior of the cabinet (fig. 4 and 11).
Regarding claim 17, Fujiwara teaches the evaporator comprises a cooling pipe, and the cooling pipe coils on the peripheral wall of the cabinet (piping of 5d, fig. 6).
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) 3-10, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara as applied to claim 1 above, and further in view of Al-Rasheed (US 20110197624).
Regarding claim 3, Fujiwara teaches the refrigerator main-body comprises a cabinet (exterior of 2), an air duct (arrow leading into interior of 2) is defined between the cabinet and an inner wall surface of the avoiding part (fig. 4), and the air blowing member (fig. 4) is provided inside the air duct, but fails to explicitly teach a bracket, the cabinet is provided inside the bracket, the avoiding part is provided at a top wall of the bracket.
However, Al-Rasheed teaches but fails to explicitly teach a bracket (22), the cabinet (35) is provided inside the bracket, the avoiding part is provided at a top wall of the bracket (fig. 2) to efficiently keep items cool.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the refrigerator of Fujiwara to include a bracket, the cabinet is provided inside the bracket, the avoiding part is provided at a top wall of the bracket in view of the teachings of Al-Rasheed to efficiently keep items cool.
Regarding claim 5, the combined teachings teach the cabinet comprises a cabinet main-body (outline of 9a, Fujiwara) and an installation base (understood 10 and 11 would have an installation base of Fujiwara), the installation base is provided at an upper end of the cabinet main-body (fig. 4 of Fujiwara), the installation base is provided with an upwardly protruding supporting part (on 13a understood 10 and 11 would have an installation component of Fujiwara), the air blowing member is connected to the supporting part (fig. 4 of Fujiwara), and the air duct is defined between the supporting part and the inner wall surface of the avoiding part (fig. 4 of Fujiwara).
Regarding claim 6, the combined teachings teach the air blowing member comprises a frame body (11c of Fujiwara) and wind directing blades (11b of Fujiwara), the wind directing blades are provided inside the frame body (fig. 9 of Fujiwara) and are pivotably connected to the frame body (fig. 10 of Fujiwara), and the frame body is detachably mounted to the supporting part (understood 11 of Fujiwara would be detachable).
Regarding claim 7, the combined teachings teach the supporting part is provided with a grid (air flow Fig. 4 of Fujiwara), and an air outlet surface of the air blowing member faces the grid (outlet flow, fig 4 of Fujiwara).
Regarding claim 8, the combined teachings teach the grid comprises first grid holes (13a of Fujiwara) and second grid holes (19 of Fujiwara), the first grid holes are in communication with the air outlet surface and the storage room (fig. 4 of Fujiwara), and the second grid holes are in communication with the air duct and the storage room (fig. 4 of Fujiwara).
Regarding claim 9, the combined teachings teach an air outlet surface of the air blowing member and a top face of the storage room have a preset included angle therebetween, and the preset included angle is greater than 0° and less than 90° (arrow outlet, fig. 4 of Fujiwara).
Regarding claim 10, the combined teachings teach the preset included angle is greater than or equal to 20 degrees and less than or equal to 55 degrees (the differences are obvious and well within the level of ordinary skill in the art and a reasonable predictable result).
Regarding claim 18, the combined teachings teach the installation base and the cabinet main-body are detachably connected (the differences are obvious and well within the level of ordinary skill in the art and a reasonable predictable result).
Regarding claim 19, the combined teachings teach a plurality of wind directing blades are arranged at equal intervals around a pivotal shaft (11a, fig. 9 of Fujiwara).
Regarding claim 20, the combined teachings teach the grid comprises a plurality of ribs that are arranged at intervals (louvers 19 of Fujiwara).
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.
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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