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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/547,130
`
`08/21/2019
`
`Tatsuya KAWASAKI
`
`20296.0130USW1
`
`4380
`
`HAY
`
`M
`
`LERé
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`BAUER,CASSEY D
`
`3763
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/19/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PTOMail @hsml.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-11 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) ([] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211116
`
`Application No.
`Applicant(s)
`16/547, 130
`KAWASAK etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CASSEY D BAUER
`3763
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 7/12/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`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.
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`2. Ascertaining the differences betweenthe prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousnessor
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`nonobviousness.
`
`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0168048to
`
`Sexton et al., hereinafter referred to as Sexton, in view of US 2009/0113920 to Baeet al.,
`
`hereinafter referred to as Bae andin further view of US2006/0168990to Park, hereinafter
`
`referred to as Park.
`
`In reference to claims 1 and 5, Sexton as modified by Bae and Parkdiscloses the claimed
`
`invention.
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 3
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`Sexton figure 7 discloses a refrigerator (wine cellar with respect to claim 5) (20),
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`the refrigerator of Sexton is considered a wine cellar in thatit is capable of cooling and
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`accommodating wine therein, comprising:
`
`a lower storage compartment (V2);
`
`an upper storage compartment (V1) located above the lower storage
`
`compartment in the refrigerator (wine cellar), see figure 7;
`
`a cooling compartment (see annotated reference below for the examiner’s
`
`definition of the claimed cooling compartment) located closer to a back surface (28) of
`
`the refrigerator (wine cellar) than the lower storage compartment and the upper storage
`
`compartment;
`
`a cooler (96) disposedin the cooling compartment;
`
`a wall surface unit (see annotated reference for the examiner’s definition of the
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`claimed wall surface unit) that partitions an inside of the refrigerator (wine cellar) into the
`
`cooling compartment and a set of the lower storage compartment and the upper storage
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`compartment, the wall surface unit having a first surface facing the cooling compartment,
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`a second surface facing the lower storage compartment, and a third surface facing the
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`upper storage compartment;
`
`a cooling fan (142);
`
`a damperdevice (108) disposedon the first surface of the wall surface unit, the
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`damper device having at least a first opening portion for supplying the cool air to the
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`lower storage compartment, and a second opening portion for supplying the cool air to
`
`the upper storage compartment (see annotated references below);
`
`a first blow-off port (126) that is formed in the second surface of the wall surface
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`unit, the first blow-off port being configured to supply cool air to the lower storage
`
`compartment;
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 4
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`a second blow-off port (102) that is formed in the third surface of the wall surface
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`unit, the second blow-off port being configured to supply cool air to the upper storage
`
`compartment;
`
`a first discharge air passage (seefigure 1)that is formedin the wall surface unit,
`
`the first discharge air passage allowing the first opening portion and the first blow-off port
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`to communicate with each other; and
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`a second discharge air passage (98) that is formed in the wall surface unit, the
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`second discharge air passage allowing the second opening portion and the first blow-off
`
`port to communicate with each other.
`
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`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 5
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`
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`Sexton fails to explicitly disclose the cooling fan (142) disposed on the first
`
`surface of the wall surface unit, the cooling fan being configured to supply cool air
`
`generated by the coolerin a circumferential direction , nor the first opening portion and
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`the second opening portion being disposed adjacently to each other arranged side-by-
`
`side in a horizontal direction in a damper frame body.
`
`Bae teachesthatin the art of refrigerators, thatit is a known method to provide a
`
`cooling fan (232) for providing cooling air to multiple compartments of a refrigerator,
`
`such that the cooling fan disposed on the interior surface of a wall surface unit (see
`
`figure 4a, wall surfaceillustrated generally at 140), the cooling fan being configured to
`
`supply cool air generated by the cooler in a circumferential direction, see figure 3B. This
`
`is strong evidence that modifying Sexton as claimed would produce predictable results
`
`(e.g. supply air from the evaporator to multiple compartments of a refrigerator).
`
`Accordingly, it would have been obvious to one having ordinaryskill in the art at the time
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 6
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`the invention wasfiled, to modify Sexton by Bae suchthat the cooling fan (142) was
`
`disposedon the first surface of the wall surface unit, the cooling fan being configured to
`
`supply cool air generated by the cooler in a circumferential direction, since all claimed
`
`elements were knownin the art, and one having ordinary skill in the art could have
`
`modified the prior art as claimed by known methods with no changesin their respective
`
`functions and the combination would have yielded a predictable result of supplying cold
`
`air from the cooler to the multiple compartments of the refrigerator.
`
`Park teachesthatin the art of controlling the supply of air to different
`
`compartmentsof a refrigerator via a damper, seefigure 1, thatit is a known method to
`
`provide the damperwith first (11) and second (12) opening portions being disposed
`
`adjacently to each other arranged side-by-side in a horizontal direction in a damper
`
`frame body (10). Park teachesthat this arrangement producespredictable results,
`
`namely minimize the number of internal components for a compact overall size while
`
`accurately transmitting a rotation force from a motor to a numberof baffles for accurate
`
`opening/closing operation [0010]. This is strong evidence that modifying Sexton as
`
`claimed would produce the same predictable results. Accordingly, it would have been
`
`obvious to one having ordinary skill in the art at the time the invention wasfiled, to
`
`modify Sexton by Park suchthat the first opening portion and the second opening
`
`portion being disposed adjacently to each other
`
`In reference to claims 2 and 6, Sexton as modified by Bae and Parkdiscloses the claimed
`
`invention.
`
`Sexton discloses the damperdevice (108) is disposed abovethe cooling fan
`
`(142), see figure 7.
`
`In reference to claims 3 and 7, Sexton as modified by Bae and Parkdiscloses the claimed
`
`invention.
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 7
`
`Sexton fails to disclose the damper device (108) and the cooling fan (142) are
`
`covered byanintegrally formed case.
`
`Bae also teachesthatin the art of supplying air to multiple compartments of a
`
`refrigerator, that it is a known method to provide a damperdevice (216) and a cooling
`
`fan (230) suchthat they are covered by an integrally formed case (200, see annotated
`
`reference below for the examiner’s definition of the integrally formed case highlighted in
`
`grey whichis alsoillustrated in figure 4a).
`
`
`
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`
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`
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`
`
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`
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`This is strong evidence that modifying Sexton as claimed would produce
`
`predictable result (e.g. provide an enclosure for the fan and damper). Bae teachesthat
`
`this method simplifies ducts and reduces the space occupied by ducting [0060] and
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`[0076]. Accordingly, it would have been obvious to one having ordinary skill in the art at
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 8
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`the time the invention wasfiled, to modify Sexton by Bae suchthat disclose the damper
`
`device (108) and the cooling fan (142) are covered by an integrally formed casein order
`
`to advantageously simplify and reduce the space occupied by ducting.
`
`In reference to claims 4 and 8, Sexton as modified by Bae and Parkdiscloses the claimed
`
`invention.
`
`Sexton fails to disclose a portion of the integrally formed case which covers an
`
`outer periphery of the cooling fan is formed in an Archimedean spiral form. However Bae
`
`teachesthatin the art of refrigerator fan housings, that it is known to form the housing
`
`(230) with a scroll in an Archimedeanspiral form, see figures 4a-4c. Accordingly,it
`
`would have been obvious to one having ordinary skill in the art at the time the invention
`
`wasfiled, to modify Sexton by Bae suchthat a portion of the integrally formed case
`
`which covers an outer periphery of the cooling fan is formed in an Archimedean spiral
`
`form since all claimed elements were knownin 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 reducing noise produced bythe fan.
`
`In reference to claim 9, Sexton as modified by Bae and Park discloses the claimed invention.
`
`Sexton discloses a door (40) which covers both the lower storage compartment
`
`and the upper storage compartment, seefigure 2.
`
`Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sexton, Bae,
`
`and Park as applied supra, and in further view of US 2009/0173101 to Hynes.
`
`In reference to claim 10, Sexton and Bae and Park as modified by Hynes discloses the claimed
`
`invention.
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 9
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`Sexton as modified supra fails to disclose a glass plate unit which allows a user
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`to visually recognize an inside of the lower storage compartment and aninside of the
`
`upper storage compartment without opening the door.
`
`Hynesteachesthatin the art of refrigerator cabinets, that it is known to provide
`
`the door (134) with a glass pane (140) which allows a useerto visually recognize an
`
`inside of two refrigerated compartments without opening the door, see figure 6. Hynes
`
`teachesthat glass allows a user to see into the compartments without opening the door
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`[0025]. Accordingly, it would have been obvious to one having ordinary skill in the art at
`
`the time the invention wasfiled, to modify Sexton by Hynes suchthat a glass plate unit
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`which allows a userto visually recognize an inside of the lower storage compartment
`
`and an inside of the upper storage compartment without opening the door.
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`In reference to claim 11, Sexton and Bae and Park as modified by Hynes discloses the claimed
`
`invention.
`
`Sexton as modified supra fails to disclose an operation portion which allows a
`
`userto perform setting of a temperature of the lower storage compartment and setting of
`
`a temperature of the upper storage compartmentis mounted on the door.
`
`Hynes teachesthatin the art of refrigerated cabinets, thatit is a known method to
`
`provide an operation portion (138) which allows a user to perform setting of a
`
`temperature of two compartments mounted on a door (134). Hynes teachesthatthis
`
`allows control of the temperature of the two compartments without opening the door
`
`[0037]. Accordingly, it would have been obvious to one having ordinary skill in the art at
`
`the time the invention wasfiled, to modify Sexton by Hynes such that an operation
`
`portion which allows a user to perform setting of a temperature of the lower storage
`
`compartment andsetting of a temperature of the upper storage compartment is mounted
`
`on the door since all claimed elements were knownin the art, and one having ordinary
`
`skill in the art could have modified the prior art as claimed by known methods with no
`
`

`

`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 10
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`changesin their respective functions and the combination would have yielded a
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`predictable result of allowing a userto control the temperature of both compartments
`
`without opening the door.
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`Response to Arguments
`
`Applicant's arguments with respectto claim(s) 1-11 have been considered but are moot
`
`because the new groundof rejection does not rely on any reference applied in the prior rejection
`
`of record for any teaching or matter specifically challenged in the argument.
`
`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to CASSEY D BAUER whosetelephone number is (571)270-7113. The
`
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`
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`Application/Control Number: 16/547,130
`Art Unit: 3763
`
`Page 11
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`/CASSEY D BAUER/
`Primary Examiner, Art Unit 3763
`/CASSEY D BAUER/
`Primary Examiner, Art Unit 3763
`
`