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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/08/2025 has been entered.
Status
This Office Action is in response to the remarks and amendments filed on 05/08/2025. Claims 1-10, 14, and 16-20 remain pending for consideration.
Drawings
The drawings are objected to because the:
“first air pocket” in claim 1 is not labeled
“second air pocket” in claim 1 is not labeled
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL. —The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10, 14, and 16-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, Applicant has added the limitation “wherein at least portions of the auger mounting shelf wall, the interior surface of the cap sidewall, the cup sidewall, and the cap sidewall define a second air pocket to prevent fluid from reaching the bearing”. On paragraph [0083] of the originally filed specification, Applicant discloses “forming a second air pocket below second auger mounting shelf wall 1008 and mounting surface 814, above cap shelf wall 1102, and between cup bottom wall 1204 and cap sidewall 1100”. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Claims 2-10, 14, and 16-20 are also rejected due to dependency.
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 1-10, 14, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “wherein at least portions of the auger mounting shelf wall, the interior surface of the cap sidewall, the cup sidewall, and the cap sidewall define a second air pocket to prevent fluid from reaching the bearing” which renders the claim indefinite. The drawings and the specification do not support an arrangement where portions of “the interior surface of the cap sidewall” are part of the “second air pocket. Instead, referring to Fig. 10A of the drawings and paragraph [0083] of the specification, portions of the exterior surface of the cap sidewall are part of what define the second air pocket. More clarity is requested.
Claims 2-10, 14, and 16-20 are also rejected due to dependency.
Allowable Subject Matter
Claims 1-10, 14, and 16-20 would be allowable if rewritten or amended 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.
Reasons for Indicating Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art of record when consider as a whole, alone or in combination, neither anticipates nor renders obvious “an ice maker comprising: an evaporator body; an end cap mounted to an end of the evaporator body, the end cap comprising a cap bottom wall and a cap sidewall mounted to extend away from the cap bottom wall, wherein the cap sidewall is positioned within the evaporator body, wherein the end cap further comprises a shelf that extends inward from an interior surface of the cap sidewall; an auger comprising an auger body mounted within the evaporator body, the auger body comprising a first end and a second end that is opposite the first end; a connector rod comprising a first rod end and a second rod end that is opposite the first rod end, the first rod end of the connector rod is mounted to the first end of the auger body and the second rod end of the connector rod is configured to mount to a motor, wherein the auger is mounted to rotate under control of the motor; and a base mounted to extend away from the second end of the auger body; a bearing mounted to the base of the auger within the cap sidewall of the end cap, wherein the bearing is supported by the shelf, wherein at least portions of the cap bottom wall, the interior surface of the cap sidewall, and a bottom surface of the bearing define a first air pocket to trap wear material and lubricant of the bearing; and a bearing cup comprising an auger mounting shelf wall mounted to the base of the auger and a cup sidewall mounted to extend away from the auger mounting shelf wall, wherein the cup sidewall surrounds the bearing and the cap sidewall of the end cap, wherein the bearing cup is mounted to rotate with the auger when the auger is rotated, wherein at least portions of the auger mounting shelf wall, the interior surface of the cap sidewall, the cup sidewall, and the cap sidewall define a second air pocket to prevent fluid from reaching the bearing”.
The closet prior art references, Huang (CN2611835Y) and Yasuoki et al (JP5469933B2), teach “an ice maker comprising: an evaporator body; an end cap mounted to an end of the evaporator body, the end cap comprising a cap bottom wall and a cap sidewall mounted to extend away from the cap bottom wall, wherein the cap sidewall is positioned within the evaporator body, wherein the end cap further comprises a shelf that extends inward from an interior surface of the cap sidewall; an auger comprising an auger body mounted within the evaporator body, the auger body comprising a first end and a second end that is opposite the first end; a connector rod comprising a first rod end and a second rod end that is opposite the first rod end, the first rod end of the connector rod is mounted to the first end of the auger body and the second rod end of the connector rod is configured to mount to a motor, wherein the auger is mounted to rotate under control of the motor; and a base mounted to extend away from the second end of the auger body; a bearing mounted to the base of the auger within the cap sidewall of the end cap, wherein the bearing is supported by the shelf, wherein at least portions of the cap bottom wall, the interior surface of the cap sidewall, and a bottom surface of the bearing define a first air pocket to trap wear material and lubricant of the bearing; and a bearing cup comprising an auger mounting shelf wall mounted to the base of the auger and a cup sidewall mounted to extend away from the auger mounting shelf wall, wherein the cup sidewall surrounds the bearing and the cap sidewall of the end cap, wherein the bearing cup is mounted to rotate with the auger when the auger is rotated”.
However, the references fail to disclose, suggest or teach “wherein at least portions of the auger mounting shelf wall, the interior surface of the cap sidewall, the cup sidewall, and the cap sidewall define a second air pocket to prevent fluid from reaching the bearing”.
Therefore, independent claim 1 with dependent claims therefrom (claims 2-10, 14, and 16-20) are considered allowable.
Response to Arguments
Applicant’s arguments, filed on 12/08/2025, with respect to amended claim 1 have been fully considered and are persuasive. The previous rejections of claim 1 has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMBA NMN GAYE whose telephone number is (571)272-8809. The examiner can normally be reached Monday-Thursday 4:30AM to 2:30PM.
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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763