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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/20/2026 has been entered.
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 limitations “an upper portion connected to the upper edge of the outer container,” as recited in claim 1 line 5 must be shown or the feature(s) canceled from the claim(s). As best construed an upper portion appears to be connected to a gasket (32) and the gasket then connected to an upper edge (8) of the outer container (2).
Therefore, the limitations “a water capture element having a volume V4,” as recited in claim 8 line 2 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 § 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.
Claims 1,5-8, 21,24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Schlumbohm (US 2,762,203) in view of Fenleigh (EP 0089733).
Referring to claim 1. Schlumbohm discloses a container (container 1; includes member 2 and 6) comprising
an outer container (6) and an inner container (2), the outer container (6) having a first bottom portion (bottom of 6) and side walls (side walls of 6), extending upwardly (walls of 6 extend upwardly) from the first bottom portion (bottom of 6) towards an upper edge (not clear as to what upper edge, should recite an upper edge of the outer container),
the inner container (2) being disposed within the outer container (disposed within the outer container 6) and forming a first compartment (compartment of 2) having a second bottom portion (bottom of 2), a side wall portion (side wall of 2) extending from the second bottom portion (bottom of 2) towards the upper edge (towards an upper edge),
and a dispensing opening (top left side opening of 2) near the upper edge (upper edge of 2), the first compartment (2) having a total volume V1 (volume of 2) and the first compartment being suitable for containing ice cubes, wherein the container (container 1; includes member 2 and 6) further comprises a second compartment (6) arranged below the first compartment (2) when the container is in its upright position (as shown in Figure 1), the second compartment (6) being disposed within the outer container (disposed within the outer container 6) and being separated from the first compartment (2) by the second bottom portion (bottom portion of 2)
the second bottom portion (bottom of 2) having a drain opening (5) through which water can pass from the first compartment (2) to the second compartment (6), a volume V2 of the second compartment (volume of 6) arranged underneath the drain opening (5) being at least 10% of the total volume V1 (volume of the second compartment is larger than 10% of the volume of the first compartment) and the volume V2 (volume of 6) and said drain opening (5) being arranged such that ice cubes can be dispensed from the first compartment of the container by tipping the container (1) around a horizontal axis and shaking the ice cubes out of the first compartment without ice melt water leaving the volume V2 (container 2 can be rotate to dispense ice cubes while water is retained in the second compartment) when a volume of the ice melt water is less than 10% of the volume of V1 (see Figure 1) and the container is tipped 95 degrees from its upright position (container can be rotated 95 degrees with water exiting).
Schlumbohm does not disclose a second bottom portion and an upper portion connected to the upper edge of the outer container.
Edwards discloses an ice bucket (Figure 3) wherein
a first bottom portion (bottom portion of 24; Figure 3) and side walls extending upwardly from the first bottom portion towards an upper edge (upper edge near 34) of the outer container (24; Figure 3)
a second bottom portion (bottom portion of 26);
a side wall portion extending from the second bottom portion (bottom portion of 26) towards the upper edge (upper edge near 34) of the outer container (10); and
the container (10) including a dispensing opening near the upper portion of the inner container (26; see Figure 3).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm to include a first bottom portion and side walls extending upwardly from the first bottom portion towards an upper edge of the outer container; a second bottom portion; a side wall portion extending from the second bottom portion towards the upper edge of the outer container; and the container including a dispensing opening near the upper portion of the inner container as taught by Fenleigh because the inner and outer container can be carried as a single unit thus allowing for improved handling of the container.
Referring to claim 5. Schlumbohm discloses a container (1), wherein the inner container (2) and the outer container (6) are separated by an air gap (see air gap between the of 2 and 6; Figure 1).
Referring to claim 6. Schlumbohm discloses a container (1), wherein volume V2 (volume of 6) is located below the drain opening (5) is in fluid communication with the air gap (see air gap between the of 2 and 6; Figure 1).
Referring to claim 7. Schlumbohm discloses a container (1),
wherein a volume V3 of the second compartment (volume of compartment 6 when rotated 95 degrees) arranged underneath the drain opening (5) in the second bottom portion of the first compartment (2) when the container (1) is rotated 95 degrees from its upright position, is at least 10%, at least 20%, at least 30%, at least 40% or at least 50% of the total volume V1 of the first compartment (when container is rotated the volume below the drain opening 5 is about 50% the volume of compartment 2; see Figure 1 rotated 95 degrees).
Referring to claim 8. Schlumbohm discloses a container (1), wherein the first compartment (2) comprises a water capture element (5) having a volume V4 (volume of element 5).
Referring to claim 21. Schlumbohm discloses a container (1), wherein the inner container (2) is removably disposed within the outer container (6) and wherein the inner container (1) is held in place by the outer container (6; see Figure 1).
Referring to claim 10. Schlumbohm discloses a container (1),
wherein a flow rate through the second bottom portion (flow through 5 at bottom portion of 2), when the container (1) is tipped 95 degrees (inclined) and when the second compartment comprises a volume of ice melt water which is less than 10% of the total volume V1 of the first compartment is less than 1 liter minute.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have comprised the flow rate as being 1 liter/minute when the container is tilted 95 degrees, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Referring to claim 24. Schlumbohm discloses a container (1), wherein the drain opening (5) includes a hole to control a flow rate of ice melt water.
Schlumbohm does not disclose a container, wherein the drain opening includes a plurality of holes to control a flow rate of ice melt water.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm in view of Fenleigh to include a plurality of holes to control a flow rate of ice melt water instead of a single hole, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Referring to claim 25. Schlumbohm discloses a container (1), further comprising a holding portion with a horizontal cross section having a outer width of less.
Schlumbohm in view of Fenleigh do not disclose a container, wherein the holding portion with a horizontal cross section having a maximum outer width of less than 15 cm.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm in view of Fenleigh to include the holding portion with a horizontal cross section having a maximum outer width of less than 15 cm, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Claims 11,12,14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Schlumbohm (US 2,762,203) in view of Fenleigh (EP 0089733) and further in view of Tuan (DE 102011000195).
Referring to claims 11,12,14-17. Schlumbohm in view of Fenleigh do not disclose a container wherein the container further comprises a displaceable ice pick, the displaceable ice pick being an elongated element having a length which is at greater than half of a height of the container or greater than half of a height of the first compartment.
Tuan discloses container (20; Figure 1) comprising wherein the container (20; Figure 1) further comprises a displaceable ice pick (32), said ice pick (32) being in the form of an elongated element (see Figure 1 and 2) having a length which is at greater than half of a height of the container or greater than half of a height of the first compartment (see length of respective ice pick 32 with the height of the container; Figure 3).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm in view Fenleigh to include a container wherein the container further comprises a displaceable ice pick, said ice pick being in the form of an elongated element having a length which is at greater than half of a height of the container or greater than half of a height of the first compartment as taught by Tuan because an ice pick lever connected to the lid would allow a user to single handedly operate the dispenser and further a length of the ice lick greater than half the height of the container would provide for an improved leverage to open the lid.
Referring to claim 18. Tuan discloses a container (20; Figure 1),
wherein the outer container (20) comprises a handle (316; Figure 3) offset from an outer surface of the outer container (surface of 20) and in that the displaceable ice pick (32) is arranged in a gap between the outer surface of the outer container (surface of 20) and a surface of the handle (316; Figure 3) which faces the outer surface of the outer container (see Figure 3).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schlumbohm (US 2,762,203) in view of Fenleigh (EP 0089733) in view of Tuan (DE 102011000195) and further in view of Radek (US 4,718,578).
Referring to claims 19 and 20. Schlumbohm in view of Fenleigh and Tuan do not disclose wherein the ice pick is arranged inside the outer container.
Radek discloses a dispenser (Figure 2) wherein the displaceable ice pick (118) is arranged inside the container (see Figure 2).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm in view of Fenleigh and Tuan to include wherein the ice pick is arranged inside the container as taught by Radek because an ice pick lever stored within the container would provide a more sanitary ice pick for use.
Claim 26 are rejected under 35 U.S.C. 103 as being unpatentable over Schlumbohm (US 2,762,203) in view of Fenleigh (EP 0089733) and further in view of (JP S5811251).
Referring to claim 26. Schlumbohm in view of Fenleigh do not disclose wherein a center longitudinal axis of the outer container is horizontally offset from a center longitudinal axis of the inner container when the container is in the upright position.
(JP S5811251) discloses and ice container wherein a center longitudinal axis of the outer container is horizontally offset from a center longitudinal axis of the inner container when the container is in the upright position (see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Schlumbohm in view of Fenleigh to include a center longitudinal axis of the outer container as being horizontally offset from a center longitudinal axis of the inner container as taught by (JP S5811251) because the weight of the ice would be closer to the handle when the dispenser is carried thus make it easier to carry.
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the drawings objections under 37 CFR 1.83(a), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 03/20/2026 have been fully considered but they are not persuasive.
Applicant argues the limitations “holding portion” as recited in claim 2 line 1 is shown in the drawings and disclosed in the specifications. However, no specific reference numeral is cited in the drawings to refer to the “holding portion”. Applicant refers to the specifics in the specifications to recite ….in one embodiment, the holding portion is a handle… In view of the Examiner, it is unclear as to which specific embodiment the applicant is referring to out of the 19 separate embodiments cited that may or may not comprise the “holding portion” and furthermore if the specifications are using the term “a handle” to equate to an “holding portion” applicant is advised to use the name that is specifically used in the specifications to refer to the element in the claims that is being disclosed and in addition, cite that referred structural element in the drawings referenced by a denoted numeral.
The structural element a holding portion with a “horizontal cross section” as recited is not shown. There are many possible methods of depicting a cross section of a structure, such as cross section which is claimed to have specific dimensions, is required to be shown because the dimensional range cited may be the allowable structure. The “horizontal cross section” is required to be shown in the drawings or cancelled. Similar issue exists with the cited element of the “a maximum outer width” that is also not shown.
Limitations “a center longitudinal axis of the outer container” and “a center longitudinal axis of the inner container” are not disclosed in the drawings.
Applicant argues the “lid displacing mechanism” is disclosed in the specifications and the drawings as a “hinge joint 330.” It is correct that the “hinge joint” is disclosed in the drawings as element “330” however the specifications do not disclose the “lid displacing mechanism” as a “hinge joint.”
Applicant argues the limitations “hinge” is denoted as a member element “330”. However, the specifications disclose member element “330” as a “hinge joint” and a “hinge.”
Applicant argues “The bent tube and the underlying container do not appear to be integrally connected and thus do not form separate compartments of an individual container.” The claimed limitations of the claim do not specifically require the underlying container to be integrally connected.
Futhermore, the applicant argues “Further, even if the bent tube and the underlying container of Schlumbohm were considered to be a single container having separate compartments (a point that Applicant does not concede), it is evident that if the tube and the underlying container were tipped 95 degrees, then the tube and the underlying container would separate, and water would pour out of the underlying container. In contrast, claim 1 makes clear that the drain opening set forth in the claim is "arranged such that ice cubes can be dispensed from the first compartment of the container by tipping the container around a horizontal axis and shaking the ice cubes out of the first compartment without ice melt water leaving the volume V2 when the volume of ice melt water is less than 10% of the volume of V1 and the container is tipped 95 degrees from its upright position." In view of the Examiner, each of the claimed elements perform the claimed features since the first and the second compartments of the container are not cited to be connected as a unitary body. Thus, the first compartment can be inclined to release ice cube without the volume of melt water in the second compartment leaving the volume of the second compartment.
It is suggested the Applicant amend the claim language to specifically recite the claim structure over the relied upon primary reference.
Applicant argues “Schlumbohm, at most, appears to disclose an upper container (i.e., the bent tube) and a lower container (i.e., the underlying container 6), but does not appear to teach or suggest a container that includes both inner and outer portions, as described in claim 3 and at page 11, lines 16- 25 of the specification.
For this additional reason, it is respectfully submitted that Applicant's dependent claim 3 is not anticipated by Schlumbohm.”
In view of the Examiner, the second compartment is the compartment within the outer container (6) having side walls that extend towards and upper edge and an inner container (2) consisting of the first compartment, arranged removably in the outer container since the bottom of container (2) rests within the confines of the outer container (6).
It is suggested the Applicant amend the claim language to specifically recite the claim structure over the relied upon primary reference. It is further noted the amended limitations “an upper portion connected to the upper edge of the outer container,” are not shown in the presented drawings. As best construed an upper portion appears to be connected to a gasket (32) and the gasket then is connected to an upper edge (8) of the outer container (2). Thus, the upper portion is not directly connected to the upper edge of the outer container. Appropriate clarification is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/ Primary Examiner, Art Unit 3651
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