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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/16/2026 has been entered.
Status
This Office Action is in response to the remarks and amendments filed on 09/16/2026. The previous objections to the drawings and claims have been withdrawn. Furthermore, the previous 35 USC 112 rejections have also been withdrawn. Claims 1, 4, 6, 15, 25, 31, 35, and 37-49 remain pending for consideration.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“hall sensor 951” in paragraph [0174].
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. 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.
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 “wherein the second heater is disposed closer to a circumferential surface defining the ice chamber than the first heater is” in claims 4, 44, and 49 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 Objections
Claim 39 is objected to because of the following informalities:
Regarding claim 39, the phrase “performing a water supply based on the water supply not having being performed” is grammatically incorrect and for examination purposes will be interpreted as -- performing a water supply based on the water supply not having been performed --
Appropriate correction is required.
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:
“driving part” in claims 1, 6, 15, 31, 37, 39, 41, 43, 46, 48.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“driving part” corresponds to a motor with one or more gears as described in paragraph [0108] of the specification.
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 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, 4, 6, 43-44, 31, 37-39, and 46-49 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 1 recites the limitation “for ice making” in line 27. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “turning off the second heater based on satisfaction of an OFF condition after turning on the second heater for ice making” will be interpreted as -- turning off the second heater based on satisfaction of an OFF condition after turning on the second heater for the ice making --
Regarding claims 4, 44, and 49, the claims recite “wherein the second heater is disposed closer to a circumferential surface defining the ice chamber than the first heater is” which renders the claims indefinite. As recited, the claims are confusing because it is not entirely clear what structure the disclosed “circumferential surface” is referring to. More clarity is requested.
Claim 31 recites the limitation “ice” in line 47. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “to separate ice from the ice chamber” will be interpreted as -- to separate the ice from the ice chamber --
Regarding claim 39, the claim recites “further comprising, based on the second tray reaching the water supply position …. performing a water supply based on the water supply not having been performed at a time when no change in the signal from the position detection sensor was detected within the set time … performing the ice making based on the water supply having been performed at the time when no change in the signal from the position detection sensor was detected within the set time” which renders the claim indefinite. As recited, the claim is confusing because the conditions under which ice making is performed are not entirely clear and seem to be contradictory. More clarity is requested.
Regarding claims 39, 43, and 48, the claims recite “perform/performing a water supply” which render the claims indefinite. Claims 1, 15, and 31 from which the claims depend respectively, previously disclosed “a water supply operation”. Therefore, it is not entirely clear if the disclosed “water supply” is referencing the previously disclosed “water supply operation” or an entirely different operation/process. More clarity is requested.
Regarding claim 43, the claim recites “the controller is further configured to, based on the second tray reaching the initial position …. perform a water supply based on the water supply having not been performed at a time when no change in the signal from the position detection sensor was detected within the set time … perform the ice making based on the water supply having been performed at the time when no change in the signal from the position detection sensor was detected within the set time” which renders the claim indefinite. As recited, the claim is confusing because the conditions under which ice making is performed are not entirely clear and seem to be contradictory. More clarity is requested.
Regarding claim 48, the claim recites “wherein the controller is further configured to, based on the second tray reaching the initial position within a time limit …. perform a water supply based on the water supply having not been performed at a time when the second tray failed to reach, within the set time, the respective one of the water supply position, the ice making position, or the ice separation position … perform the ice making based on the water supply having been performed at the time when the second tray failed to reach, within the set time, the respective one of the water supply position, the ice making position, or the ice separation position” which renders the claim indefinite. As recited, the claim is confusing because the conditions under which ice making is performed are not entirely clear and seem to be contradictory. More clarity is requested.
Claims 6, 37-38, and 46-47 are also rejected due to dependency.
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.
Claims 1, 15, 25, 31, 35, 37-49 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 20130014535 A1, herein after referred to as Son), in view of Kakimoto et al. (JPH0674624A, herein after referred to as Kakimoto), and in further view of Gon et al. (KR20130114930A, herein after referred to as Gon).
Regarding claim 1, Son teaches a method (corresponds to the method described in paragraph [0076] to [0084]) for controlling a refrigerator (refrigerator 1 Fig. 1), the refrigerator including an ice maker (ice maker 100 Fig. 9), the ice maker including a first tray (upper tray 110 Fig. 9) provided in a storage space of the refrigerator (freezing compartment 4 Fig. 2) and configured to define a first chamber (upper shell 115 Fig. 9) of an ice chamber (spherical shell 103 Fig. 9), a second tray (lower tray 120 Fig. 9) provided in the storage space of the refrigerator (Fig. 2), configured to define a second chamber of the ice chamber (lower shell 122 Fig. 9), and configured to move relative to the first tray (paragraph [0055]), a first heater (lower heater 152 Fig. 9), a second heater (upper heater 151 Fig. 9) spaced apart from the first heater (Fig. 9), a driving part (driving unit 130 Fig. 3) configured to move the second tray (paragraph [0061]), the method comprising: operating the driving part to move the second tray to a water supply position (corresponds to the position of lower tray 120 illustrated in Fig. 8); operating the driving part to move the second tray to an ice making position (corresponds to the position of lower tray 120 illustrated in Fig. 9) based on a water supply operation (corresponds to the water supply process described in paragraph [0046]) being completed while the second tray is positioned at the water supply position (paragraphs [0076] and [0077]); operating the driving part to move the second tray from the ice making position to an ice separation position (corresponds to the position of lower tray 120 illustrated in Fig. 13) to separate ice from the ice chamber (paragraphs [0083] and [0084]) based on completion of an ice making (corresponds to the process described in paragraph [0078]).
Son teaches the invention as described above but fails to explicitly teach “the refrigerator including a controller configured to control the ice maker, the method comprising: turning on the second heater for the ice making while the second tray is positioned at the ice making position; turning off the second heater based on satisfaction of an OFF condition after turning on the second heater for the ice making; turning on the first heater for ice separation”.
However, Kakimoto teaches a refrigerator (the disclosed “refrigerator” in paragraph [0015] corresponds to the refrigerator of Son) including a controller (microcomputer 51 Fig. 5) configured to control an ice maker (paragraph [0016] and Fig. 1 where the illustrated ice maker corresponds to the ice maker of Son), a method (the method illustrated In Figs. 6-7 corresponds to the method of Son) comprising: turning on a second heater (paragraph [0018] and Fig. 3 where heater 20 corresponds to the second heater of Son) for an ice making (the disclosed “ice making process” in paragraph [0018] corresponds to the ice making of Son) while a second tray (ice tray 8 Fig. 3 corresponds to the second tray of Son) is positioned at an ice making position (Fig. 9A where the illustrated position of ice tray 8 corresponds to the ice making position of Son); turning off the second heater based on satisfaction of an OFF condition (corresponds to when the detected temperature reaches “ice making completion temperature” as described in paragraph [0019]) after turning on the second heater for the ice making (paragraphs [0018] and [0019]); turning on a first heater (paragraph [0020] and Fig. 4 where dish heater 33 corresponds to the first heater of Son) for ice separation (paragraph [0020]) to release bubbles contained in the water during the ice making process (paragraph [0018]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of Son to include “the refrigerator including a controller configured to control the ice maker, the method comprising: turning on the second heater for the ice making while the second tray is positioned at the ice making position; turning off the second heater based on satisfaction of an OFF condition after turning on the second heater for the ice making; turning on the first heater for ice separation” in view of the teachings of Kakimoto to release bubbles contained in the water during the ice making process.
The combined teachings teach the invention as described above but fail to explicitly teach “a position detection sensor configured to detect a position of the second tray, the method comprising: operating at least one of the first heater or the second heater for a reference time in response to no change in a signal being detected from the position detection sensor within a set time during an operation of the driving part to move the second tray to the water supply position, the ice making position, or the ice separation position; and after operating the at least one of the first heater or the second heater for the reference time, operating the driving part to move the second tray to the water supply position”.
However, Gon teaches a position detection sensor (disclosed “micro switch” in paragraph [0024]) configured to detect a position of a second tray (paragraph [0024] where ice-making tray 10 Fig. 1 corresponds to the second tray of Son), a method (the method illustrated in Figs. 2-4 corresponds to the method of Son) comprising: operating a first heater (step S22 Fig. 4 where de-icing heater 30 Fig. 1 corresponds to the first heater of Son) for a reference time (corresponds to the duration of step S22 Fig. 4) in response to no change in a signal (corresponds to the disclosed “detection failure signal” in paragraphs [0045] and [0046]) being detected from the position detection sensor within a set time (corresponds to the time it would take to perform steps S11- S13 the “preset number of times” as described in paragraph [0047]) during an operation of a driving part (step S13 to S11 Fig. 3 where rotating shaft 11 Fig. 1 corresponds to the driving part of Son) to move the second tray to a water supply position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the water supply position of Son) or an ice making position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the ice making position of Son); and after operating the first heater for the reference time, operating the driving part to move the second tray to the water supply position (Fig. 2 and paragraph [0055]) to resolve positional errors of an ice-making tray (paragraph [0003]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of the combined teachings to include “a position detection sensor configured to detect a position of the second tray, the method comprising: operating at least one of the first heater or the second heater for a reference time in response to no change in a signal being detected from the position detection sensor within a set time during an operation of the driving part to move the second tray to the water supply position, the ice making position, or the ice separation position; and after operating the at least one of the first heater or the second heater for the reference time, operating the driving part to move the second tray to the water supply position” in view of the teachings of Gon to resolve positional errors of an ice-making tray.
Regarding claim 15, Son teaches a refrigerator (refrigerator 1 Fig. 1) comprising: an ice maker (ice maker 100 Fig. 9) configured to make ice (Fig. 13); wherein the ice maker includes: a first tray (upper tray 110 Fig. 9) configured to define a first chamber (upper shell 115 Fig. 9) of an ice chamber (spherical shell 103 Fig. 9) in which the ice is produced (Fig. 13), a second tray (lower tray 120 Fig. 9) configured to define a second chamber of the ice chamber (lower shell 122 Fig. 9), the second tray being movable relative to the first tray (paragraph [0055]), a first heater (lower heater 152 Fig. 9) configured to supply heat to the ice chamber (paragraph [0079]), a second heater (upper heater 151 Fig. 9) spaced apart from the first heater (Fig. 9) and configured to supply heat to the ice chamber (paragraph [0084]), a driving part (driving unit 130 Fig. 3) configured to move the second tray (paragraph [0061]), and wherein: the driving part moves the second tray to a water supply position (corresponds to the position of lower tray 120 illustrated in Fig. 8), the driving part moves the second tray to an ice making position (corresponds to the position of lower tray 120 illustrated in Fig. 9) based on a water supply operation (corresponds to the water supply process described in paragraph [0046]) being completed while the second tray is positioned at the water supply position (paragraphs [0076] and [0077]), the driving part moves the second tray from the ice making position to an ice separation position (corresponds to the position of lower tray 120 illustrated in Fig. 13) to separate the ice from the ice chamber (paragraphs [0083] and [0084]) based on completion of an ice making (corresponds to the process described in paragraph [0078]).
Son teaches the invention as described above but fails to explicitly teach “a controller configured to control the ice maker, wherein the controller is configured to: operate the driving part, turn on the second heater based on satisfaction of a first ON condition for the ice making while the second tray is positioned at the ice making position, turn off the second heater based on satisfaction of a first OFF condition, turn on the first heater based on satisfaction of a second ON condition for ice separation, turn off the first heater based on satisfaction of a second OFF condition”.
However, Kakimoto teaches a controller (microcomputer 51 Fig. 5) configured to control an ice maker (paragraph [0016] and Fig. 1 where the illustrated ice maker corresponds to the ice maker of Son), wherein the controller is configured to: operate a driving part (Fig. 1 and paragraph [0016] where drive mechanism 7 corresponds to the driving part of Son), turn on a second heater (paragraph [0018] and Fig. 3 where heater 20 corresponds to the second heater of Son) based on satisfaction of a first ON condition (corresponds to the completion of step S5 as described in paragraph [0018]) for an ice making (the disclosed “ice making process” in paragraph [0018] corresponds to the ice making of Son) while a second tray (ice tray 8 Fig. 3 corresponds to the second tray of Son) is positioned at an ice making position (Fig. 9A where the illustrated position of ice tray 8 corresponds to the ice making position of Son), turn off the second heater based on satisfaction of a first OFF condition (corresponds to when the detected temperature reaches “ice making completion temperature” as described in paragraph [0019]), turn on a first heater (paragraph [0020] and Fig. 4 where dish heater 33 corresponds to the first heater of Son) based on satisfaction of a second ON condition for ice separation (corresponds to the completion of step S11 as described in paragraph [0020]), turn off the first heater based on satisfaction of a second OFF condition (corresponds to when the detected temperature is “0 ° C or higher” as described in paragraph [0020]) to release bubbles contained in the water during the ice making process (paragraph [0018]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Son to include “a controller configured to control the ice maker, wherein the controller is configured to: operate the driving part, turn on the second heater based on satisfaction of a first ON condition for the ice making while the second tray is positioned at the ice making position, turn off the second heater based on satisfaction of a first OFF condition, turn on the first heater based on satisfaction of a second ON condition for ice separation, turn off the first heater based on satisfaction of a second OFF condition” in view of the teachings of Kakimoto to release bubbles contained in the water during the ice making process.
The combined teachings teach the invention as described above but fail to explicitly teach “a position detection sensor configured to detect a position of the second tray, wherein the controller is configured to: operate at least one of the first heater or the second heater for a reference time in response to no change in a signal being detected from the position detection sensor within a set time during an operation of the driving part to move the second tray to the water supply position, the ice making position, or the ice separation position, and after operating the at least one of the first heater or the second heater for the reference time, operate the driving part to move the second tray to an initial position”.
However, Gon teaches a position detection sensor (disclosed “micro switch” in paragraph [0024]) configured to detect a position of a second tray (paragraph [0024] where ice-making tray 10 Fig. 1 corresponds to the second tray of Son), wherein a controller (the disclosed “control unit” in paragraph [0059] corresponds to the controller of Kakimoto) is configured to: operate a first heater (step S22 Fig. 4 where de-icing heater 30 Fig. 1 corresponds to the first heater of Son) for a reference time (corresponds to the duration of step S22 Fig. 4) in response to no change in a signal (corresponds to the disclosed “detection failure signal” in paragraphs [0045] and [0046]) being detected from the position detection sensor within a set time (corresponds to the time it would take to perform steps S11- S13 the “preset number of times” as described in paragraph [0047]) during an operation of a driving part (step S13 to S11 Fig. 3 where rotating shaft 11 Fig. 1 corresponds to the driving part of Son) to move the second tray to a water supply position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the water supply position of Son) or an ice making position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the ice making position of Son); and after operating the first heater for the reference time, operating the driving part to move the second tray to an initial position (Fig. 2 and paragraph [0055] where the illustrated position of tray 10 in Fig. 1 is the initial position) to resolve positional errors of an ice-making tray (paragraph [0003]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “a position detection sensor configured to detect a position of the second tray, wherein the controller is configured to: operate at least one of the first heater or the second heater for a reference time in response to no change in a signal being detected from the position detection sensor within a set time during an operation of the driving part to move the second tray to the water supply position, the ice making position, or the ice separation position, and after operating the at least one of the first heater or the second heater for the reference time, operate the driving part to move the second tray to an initial position” in view of the teachings of Gon to resolve positional errors of an ice-making tray.
Regarding claim 31, Son teaches a refrigerator (refrigerator 1 Fig. 1) comprising: an ice maker (ice maker 100 Fig. 9) configured to make ice (Fig. 13); wherein the ice maker comprises: a first tray (upper tray 110 Fig. 9) configured to define a first chamber (upper shell 115 Fig. 9) of an ice chamber (spherical shell 103 Fig. 9) in which the ice is produced (Fig. 13), a second tray (lower tray 120 Fig. 9) configured to define a second chamber of the ice chamber (lower shell 122 Fig. 9), the second tray being movable relative to the first tray (paragraph [0055]), a first heater (lower heater 152 Fig. 9) configured to provide heat to the ice chamber (paragraph [0079]), a second heater (upper heater 151 Fig. 9) spaced apart from the first heater (Fig. 9) and configured to provide heat to the ice chamber (paragraph [0084]), and a driving part (driving unit 130 Fig. 3) configured to move the second tray (paragraph [0061]), wherein: the driving part moves the second tray to a water supply position (corresponds to the position of lower tray 120 illustrated in Fig. 8), the driving part moves the second tray to an ice making position (corresponds to the position of lower tray 120 illustrated in Fig. 9) based on a water supply operation (corresponds to the water supply process described in paragraph [0046]) being completed while the second tray is positioned at the water supply position (paragraphs [0076] and [0077]), the driving part moves the second tray from the ice making position to an ice separation position (corresponds to the position of lower tray 120 illustrated in Fig. 13) to separate the ice from the ice chamber (paragraphs [0083] and [0084]) based on completion of an ice making (corresponds to the process described in paragraph [0078]).
Son teaches the invention as described above but fails to explicitly teach “a controller configured to control the ice maker, wherein the controller is configured to: operate the driving part, turn on the second heater based on satisfaction of a first ON condition for the ice making while the second tray is positioned at the ice making position, turn off the second heater based on satisfaction of a first OFF condition, turn on the first heater based on satisfaction of a second ON condition for ice separation, turn off the first heater based on satisfaction of a second OFF condition”.
However, Kakimoto teaches a controller (microcomputer 51 Fig. 5) configured to control an ice maker (paragraph [0016] and Fig. 1 where the illustrated ice maker corresponds to the ice maker of Son), wherein the controller is configured to: operate a driving part (Fig. 1 and paragraph [0016] where drive mechanism 7 corresponds to the driving part of Son), turn on a second heater (paragraph [0018] and Fig. 3 where heater 20 corresponds to the second heater of Son) based on satisfaction of a first ON condition (corresponds to the completion of step S5 as described in paragraph [0018]) for an ice making (the disclosed “ice making process” in paragraph [0018] corresponds to the ice making of Son) while a second tray (ice tray 8 Fig. 3 corresponds to the second tray of Son) is positioned at an ice making position (Fig. 9A where the illustrated position of ice tray 8 corresponds to the ice making position of Son), turn off the second heater based on satisfaction of a first OFF condition (corresponds to when the detected temperature reaches “ice making completion temperature” as described in paragraph [0019]), turn on a first heater (paragraph [0020] and Fig. 4 where dish heater 33 corresponds to the first heater of Son) based on satisfaction of a second ON condition for ice separation (corresponds to the completion of step S11 as described in paragraph [0020]), turn off the first heater based on satisfaction of a second OFF condition (corresponds to when the detected temperature is “0 ° C or higher” as described in paragraph [0020]) to release bubbles contained in the water during the ice making process (paragraph [0018]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Son to include “a controller configured to control the ice maker, wherein the controller is configured to: operate the driving part, turn on the second heater based on satisfaction of a first ON condition for the ice making while the second tray is positioned at the ice making position, turn off the second heater based on satisfaction of a first OFF condition, turn on the first heater based on satisfaction of a second ON condition for ice separation, turn off the first heater based on satisfaction of a second OFF condition” in view of the teachings of Kakimoto to release bubbles contained in the water during the ice making process.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is configured to: operate at least one of the first heater or the second heater for a reference time in response to the second tray failing to reach, within a set time, a respective one of the water supply position, the ice making position, or the ice separation position, and after operating the at least one of the first heater or the second heater for the reference time, operate the driving part to move the second tray to an initial position”.
However, Gon teaches wherein a controller (the disclosed “control unit” in paragraph [0059] corresponds to the controller of Kakimoto) is configured to: operate a first heater (step S22 Fig. 4 where de-icing heater 30 Fig. 1 corresponds to the first heater of Son) for a reference time (corresponds to the duration of step S22 Fig. 4) in response to a second tray (ice-making tray 10 Fig. 1 corresponds to the second tray of Son) failing to reach, within a set time (corresponds to the time needed to perform the disclosed “preset number of repetitions” as described in paragraph [0047]), a respective one a water supply position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the water supply position of Son) or an ice making position (paragraph [0047] and where the illustrated position of tray 10 in Fig. 1 corresponds to the ice making position of Son), and after operating the first heater for the reference time, operate a driving part (corresponds to the assessment step performed just after step S20 Fig. 2 where rotating shaft 11 Fig. 1 corresponds to the driving part of Son) to move the second tray to an initial position (Fig. 2 and paragraph [0055] where the illustrated position of tray 10 in Fig. 1 is the initial position) to resolve positional errors of an ice-making tray (paragraph [0003]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “wherein the controller is configured to: operate at least one of the first heater or the second heater for a reference time in response to the second tray failing to reach, within a set time, a respective one of the water supply position, the ice making position, or the ice separation position, and after operating the at least one of the first heater or the second heater for the reference time, operate the driving part to move the second tray to an initial position” in view of the teachings of Gon to resolve positional errors of an ice-making tray.
Regarding claim 25 the combined teachings teach wherein the first heater is spaced apart from the second heater in a first direction (corresponds to the vertical direction in Fig. 9 of Son), and wherein the first heater is disposed closer to a plane (corresponds to a horizontal plane that is perpendicular to the vertical direction in Fig. 9 of Son) passing through a center of the ice chamber (corresponds to the center of shell 103 Fig. 9 of Son) than the second heater is (referring to Fig. 9 of Son, Lower heater 152 is closer to the center of shell 103), the plane being perpendicular to the first direction (Fig. 9 of Son).
Regarding claim 35 the combined teachings teach wherein the second ON condition comprises a predetermined time elapsing (corresponds to the time taken to complete steps S10 and S11 which is understood to be a set time since the steps involve rotating components to specific locations as described in paragraph [0020] of Kakimoto) after the first OFF condition has been satisfied (paragraphs [0019] and [0020] of Kakimoto).
Regarding claim 37 the combined teachings teach further comprising: based on the second tray failing to reach the water supply position within a time limit (corresponds to the disclosed “waiting time” in paragraph [0055] of Gon) during an operation of the driving part (corresponds to the assessment step performed directly after step S20 and before step S30 Fig. 2 of Gon) performed after operating the first heater for the reference time (Fig. 2 of Gon).
The combined teachings teach the invention as described above but fail to explicitly teach “repeatedly performing a control comprising: operating at least one of the first heater or the second heater for the reference time; and operating the driving part to move the second tray to the water supply position”.
However, Gon already teaches a control comprising: operating the first heater for the reference time (step S20 Fig. 2); and operating the driving part to move the second tray to the water supply position (corresponds to the assessment process performed directly after step S20 Fig. 2).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Gong to include “repeatedly performing a control comprising: operating at least one of the first heater or the second heater for the reference time; and operating the driving part to move the second tray to the water supply position” to increase the possibility of melting away any remaining ice.
Regarding claim 38 the combined teachings teach further comprising: outputting an error (step S30 Fig. 2 of Gon) through an output unit (corresponds to the disclosed “error display device” in paragraph [0068] of Gon).
The combined teachings teach the invention as described above but fail to explicitly teach “further comprising: outputting the error based on a number of repetitions of the control reaching a reference number”.
However, Gon already teaches a control comprising: operating the first heater for the reference time (step S20 Fig. 2); and operating the driving part to move the second tray to the water supply position (corresponds to the assessment process performed directly after step S20 Fig. 2) and outputting an error message (paragraph [0068]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Gong to include “further comprising: outputting the error based on a number of repetitions of the control reaching a reference number” to increase the possibility of melting away any remaining ice before alerting a user.
Regarding claim 39, and due to indefiniteness, the combined teachings teach further comprising, based on the second tray reaching the water supply position within a time limit (corresponds to the disclosed “waiting time” in paragraph [0055] of Gon) during an operation of the driving part (corresponds to the step performed after step S20 and before step S30 Fig. 2 of Gon) performed after operating the first heater for the reference time (Fig. 2 of Gon): performing a water supply (paragraphs [0027] and [0032] of Gon where the process of supplying water to tray 10 is repeated) based on the water supply not having been performed at a time when no change in the signal from the position detection sensor was detected within the set time (Fig. 2 of Gon); and moving the second tray to the ice making position and performing the ice making based on the water supply having been performed at the time when no change in the signal from the position detection sensor was detected within the set time (Fig. 2 of Gon).
Regarding claims 40 and 45, the combined teachings teach wherein the initial position is the water supply position (Fig. 1 of Gon).
Regarding claims 41 and 46, the combined teachings teach wherein the controller is further configured to, based on the second tray failing to reach the initial position within a time limit (corresponds to the time needed to perform the disclosed “preset number of repetitions” as described in paragraph [0047] of Gon), perform a control (corresponds to step S20 and the assessment step performed directly after step S20 Fig. 2 of Gon) comprising: operating the first heater for the reference time; and operating the driving part to move the second tray to the initial position (paragraphs [0050] to [0056] of Gon).
The combined teachings teach the invention as described above but fail to explicitly teach “the controller is further configured to repeatedly perform the control”.
However, Gon already teaches a control comprising: operating the first heater for the reference time (step S20 Fig. 2); and operating the driving part to move the second tray to the water supply position (corresponds to the assessment process performed directly after step S20 Fig. 2).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Gong to include “the controller is further configured to repeatedly perform the control” to increase the possibility of melting away any remaining ice.
Regarding claims 42 and 47, the combined teachings teach further comprising an output unit (corresponds to the disclosed “error display device” in paragraph [0068] of Gon), wherein the controller is further configured to output an error (step S30 Fig. 2 of Gon) through the output unit (paragraph [0055] of Gon).
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is further configured to output the error based on a number of repetitions of the control reaching a reference number”.
However, Gon already teaches a control comprising: operating the first heater for the reference time (step S20 Fig. 2); and operating the driving part to move the second tray to the water supply position (corresponds to the assessment process performed directly after step S20 Fig. 2) and outputting an error message (paragraph [0068]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Gong to include “wherein the controller is further configured to output the error based on a number of repetitions of the control reaching a reference number” to increase the possibility of melting away any remaining ice before alerting a user.
Regarding claim 43, and due to indefiniteness, the combined teachings teach wherein the controller is further configured to, based on the second tray reaching the initial position within a time limit (corresponds to the disclosed “waiting time” in paragraph [0055] of Gon): perform a water supply (paragraphs [0027] and [0032] of Gon where the process of supplying water to tray 10 is repeated) based on the water supply having not been performed at a time when no change in the signal from the position detection sensor was detected within the set time (Fig. 2 of Gon); and operate the driving part to move the second tray to the ice making position and perform the ice making based on the water supply having been performed at the time when no change in the signal from the position detection sensor was detected within the set time (Fig. 2 of Gon).
Regarding claims 44 and 49, the combined teachings teach wherein the second heater is disposed closer to a circumferential surface (corresponds to the outer surface of upper shell 115 Fig. 9 of Son) defining the ice chamber than the first heater is (Fig. 9 of Son).
Regarding claim 48, and due to indefiniteness, the combined teachings teach wherein the controller is further configured to, based on the second tray reaching the initial position within a time limit (corresponds to the disclosed “waiting time” in paragraph [0055] of Gon): perform a water supply (paragraphs [0027] and [0032] of Gon where the process of supplying water to tray 10 is repeated) based on the water supply having not been performed at a time when the second tray failed to reach, within the set time, the respective one of the water supply position or the ice making position (Fig. 2 of Gon); and operate the driving part to move the second tray to the ice making position and perform the ice making based on the water supply having been performed at the time when the second tray failed to reach, within the set time, the respective one of the water supply position or the ice making position (Fig. 2 of Gon).
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Kakimoto and Gon as applied to claim 1 above, and further in view of An et al. (US 20180187941 A1, herein after referred to as An) and Kim et al. (US 20100251733 A1, herein after referred to as Kim).
Regarding claim 4, the combined teachings teach wherein the second heater is disposed closer to a circumferential surface (corresponds to the outer surface of upper shell 115 Fig. 9 of Son) defining the ice chamber than the first heater is (Fig. 9 of Son).
The combined teachings teach the invention as described above but fail to explicitly teach “further comprising turning on the second heater again for the ice separation”.
However, An teaches further comprising turning on a second heater (heater 230 Fig. 6 corresponds to the second heater of Son) again for an ice separation (step S30 Fig. 7 and paragraph [0094] where the disclosed “deicing” process corresponds to the ice separation of Son) to provide a heater that can be used both during ice making and ice separation (Fig. 7).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of the combined teachings to include “further comprising turning on the second heater again for the ice separation” in view of the teachings of An to provide a heater that can be used both during ice making and ice separation.
The combined teachings teach the invention as described above but fail to explicitly teach “further comprising turning on the second heater for the ice separation while the first heater is turned on for the ice separation, wherein turning on the second heater for the ice separation comprises turning on the second heater based on:(i) a temperature sensor detecting that a temperature of ice in the ice chamber has reached a first reference temperature after the first heater is turned on for the ice separation, or (ii) a first reference time having elapsed after the first heater is turned on for the ice separation”.
However, Kim teaches further comprising turning on a second heater (paragraph [0064] and Fig. 4 where second heater 132 corresponds to the second heater of Son) for an ice separation (paragraph [0064] where the disclosed “ice separation” corresponds to that of Son) while a first heater (first heater 131 Fig. 4 corresponds to the first heater of Son) is turned on for the ice separation (paragraph [0064]), wherein turning on the second heater for the ice separation comprises turning on the second heater based on: a first reference time (corresponds to the disclosed “certain time difference” in paragraph [0064]) having elapsed after the first heater is turned on for the ice separation (paragraph [0064]) to provide a predetermined heating sequence during ice separation (paragraph [0064]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the method of the combined teachings to include “further comprising turning on the second heater for the ice separation while the first heater is turned on for the ice separation, wherein turning on the second heater for the ice separation comprises turning on the second heater based on:(i) a temperature sensor detecting that a temperature of ice in the ice chamber has reached a first reference temperature after the first heater is turned on for the ice separation, or (ii) a first reference time having elapsed after the first heater is turned on for the ice separation” in view of the teachings of Kim to provide a predetermined heating sequence during ice separation.
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Indicating Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the prior art of record when consider as a whole, alone or in combination, neither anticipates nor renders obvious “further comprising: simultaneously or sequentially turning off the first heater and the second heater after turning on again the second heater for the ice separation; and operating the driving part to move the second tray from the ice making position to the ice separation position based on the first heater and the second heater being turned off”.
The closet prior art reference(s), Son (US 20130014535 A1), Kakimoto (JPH0674624A), Gon et al. (KR20130114930A), An (US 20180187941 A1), and Kim (US 20100251733 A1), teach operating the driving part to move the second tray from the ice making position to the ice separation position based on the first heater and the second heater being turned off (paragraphs [0018] to [0021] of Kakimoto).
However, the reference(s) fail(s) to disclose, suggest or teach “further comprising: simultaneously or sequentially turning off the first heater and the second heater after turning on again the second heater for the ice separation”.
Therefore, claim 6 is considered allowable.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of 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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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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