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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111174489 A (Cheng).
With respect to claim 1: Cheng discloses a refrigerator comprising: an outer case (Fig. 10: exterior walls of box body 9) forming an exterior of the refrigerator; an inner case (Fig. 10: interior walls of box body 9) provided in the outer case and comprising a first inner wall and a second inner wall (Fig. 10: left and right walls of the compartment accommodating ice making box cover 1) opposite to the first inner wall; and an ice maker (the “ice making box structure” of Fig. 1 and the shelf on which it is supported in Fig. 10) mounted on the inner case (the shelf is mounted to the left and right walls of its compartment) and configured to produce ice (disclosed throughout the translation), the ice maker comprising an ice making case (box 2 and the shelf) and an ice making cover (box cover 1) covering an upper side of the ice making case, wherein the ice making case is supported by the first inner wall and the second inner wall (the shelf is mounted to the left and right walls of its compartment), and wherein the ice making cover is detachably coupled to the ice making case (using the hook assemblies 12 and slots 23 in Fig. 1) and configured to support an item on an upper side of the ice making cover (Fig. 10: an item can be supported on the upper side of box cover 1, and below the shelf that is directly above the cover 1).
With respect to claim 2: Cheng discloses wherein the ice making cover comprises: a shelf member (horizontal upper portion of cover 1) covering the ice making case; and a fixing protrusion (one of the hook assemblies 12) protruding from the shelf member toward the ice making case, and wherein the ice making case comprises an insertion hole (the corresponding slot 23) into which the fixing protrusion is inserted.
With respect to claim 3: Cheng discloses wherein the ice making case further comprises a locking protrusion (the wall above slot 23) at an edge of the insertion hole, and wherein the fixing protrusion comprises a hooking member (the hooked end portion of hook assembly 12) configured to be locked to the locking protrusion.
Applicant’s Figs. 16-17 show the locking protrusion 1272a, 1282a is formed by a portion of a wall next to the insertion hole 1270, 1280. Said portion of the wall next to the insertion hole 1270, 1280 is engaged by the hooking member 1172a, 1182a.
The wall above Cheng’s slot 23 is a portion of a wall next to the slot 23 that is engaged by the hooked end portion of a hook assembly 12. In light of the Applicant’s disclosed locking protrusions 1272a and 1282a, the wall above Cheng’s slot 23 meets “a locking protrusion” as claimed.
With respect to claim 7: Cheng discloses wherein the shelf member is spaced apart from the ice making case (as indicated by the arrows in the annotated image below, from Cheng Fig. 8).
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With respect to claim 16: Cheng discloses a refrigerator comprising: an outer case (Fig. 10: exterior walls of box body 9) forming an exterior of the refrigerator; an inner case (Fig. 10: interior walls of box body 9) comprising a first side wall and a second side wall (Fig. 10: left and right walls of the compartment accommodating ice making box cover 1) facing to the first side wall; and an ice maker (the “ice making box structure” of Fig. 1 and the shelf on which it is supported in Fig. 10) mounted on the inner case (the shelf is mounted to the left and right walls of its compartment), configured to produce ice (disclosed throughout the translation), and comprising an ice making case (box 2 and the shelf) and an ice making cover (box cover 1) covering an upper side of the ice making case, wherein the ice making case comprises an insertion hole (one of the slots 23) configured to couple to the ice making cover, and wherein the ice making cover is configured to support an item in the inner case (Fig. 10: an item can be supported on the upper side of box cover 1, and below the shelf that is directly above the cover 1) and comprises a fixing protrusion (the corresponding hook assembly 12) inserted into the insertion hole.
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.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-6 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111174489 A (Cheng) as applied to claims 3 and 16 above, and further in view of US 2013/0263620 A1 (An).
With respect to claim 4: Cheng discloses wherein the fixing protrusion (hook assembly 12) further comprises an insertion member (portion of hook assembly 12 extending down from cover 1 towards the hook end portion thereof) protruding downward from the shelf member (Figs. 1-2), and wherein the hooking member protrudes from the insertion member (Figs. 1-2).
Cheng does not disclose the body of hook assembly 12 “configured to be inserted into the insertion hole” as claimed.
An shows it is known in the art to have a protrusion 170 inserted into an engagement (insertion) hole 26.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Cheng’s box 2 to have a horizontal flange at the top of shell 22, with the slots 23 formed in said flange, as an obvious variation of the connection means between cover 1 and box 2.
With respect to claim 5: See Cheng Figs. 1-2. It is obvious for the hook assemblies 12 at the rear of cover 1 to face forward or backward, because either configuration positively engages the slot 23 in the modified shell 22.
The hook assemblies 12 facing forward makes obvious wherein the locking protrusion is provided on a front of the edge of the insertion hole, wherein the hooking member protrudes forward from the insertion member, and wherein the forward direction is from an inside of the refrigerator and towards the front of the refrigerator.
Cheng does not disclose “towards a door of the refrigerator” as claimed.
OFFICIAL NOTICE is taken that it is known in the refrigerator/freezer appliance art to have the front side of a refrigerator/freezer opened and closed by a door.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Cheng’s box body 9 to have a door mounted on the front side thereof, in order to hold cooled air inside the refrigerator/freezer.
With respect to claim 6: See Cheng Figs. 1-2. It is obvious for the hook assemblies 12 at the rear of cover 1 to face forward or backward, because either configuration positively engages the slot 23 in the modified shell 22.
The hook assemblies 12 facing backward makes obvious wherein the locking protrusion is provided on a rear of the edge of the insertion hole, wherein the hooking member protrudes in a backward direction from the insertion member, and wherein the backward direction is from an inside of the refrigerator and away from the front of the refrigerator.
Cheng does not disclose “away from a door of the refrigerator” as claimed.
OFFICIAL NOTICE is taken that it is known in the refrigerator/freezer appliance art to have the front side of a refrigerator/freezer opened and closed by a door.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Cheng’s box body 9 to have a door mounted on the front side thereof, in order to hold cooled air inside the refrigerator/freezer.
With respect to claim 17: By making the same combinations/modifications as in the rejections above, and similarly to the rejection of claim 5, the combination of prior art makes obvious wherein the ice making case comprises a locking protrusion (wall portion in front of slot 23) at a front of an edge of the insertion hole (in front of the front edge of slot 23), wherein the fixing protrusion comprises an insertion member (portion of hook assembly 12 extending down from cover 1 towards the hook end portion thereof), inserted into the insertion hole, and a hooking member (the hooked end portion of hook assembly 12) protruding in a forward direction from the insertion member and locked to the locking protrusion, and wherein the forward direction is a direction from an inside of the refrigerator and towards a door of the refrigerator.
With respect to claim 18: By making the same combinations/modifications as in the rejections above, and similarly to the rejection of claim 6, the combination of prior art makes obvious wherein the ice making case comprises a locking protrusion (wall portion behind slot 23) at a rear of an edge of the insertion hole (behind the rear edge of slot 23), wherein the fixing protrusion comprises an insertion member (portion of hook assembly 12 extending down from cover 1 towards the hook end portion thereof), inserted into the insertion hole, and a hooking member (the hooked end portion of hook assembly 12) protruding a backward direction from the insertion member and locked to the locking protrusion, and wherein the backward direction is a direction from an inside of the refrigerator and away from a door of the refrigerator.
Claim(s) 8-10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111174489 A (Cheng) as applied to claims 2 and 16 above, and further in view of CN 113074490 A (Zhang).
With respect to claim 8: Cheng does not disclose “wherein the shelf member comprises: a support surface configured to support the item placed on the upper side; and an edge surface on an edge of the support surface, and wherein the support surface is recessed from the edge surface” as claimed.
Zhang shows it is known in the art to have a frame 11 and clapboard 12 on the top of an ice making unit 20 that is analogous to Cheng’s invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Cheng’s cover 1 to be formed using Zhang’s frame 11 and clapboard 12, in order to provide dedicated space (clapboard 12) on the cover 1 for items to be stored. The frame 11 around the clapboard 12 defines a boundary for the storage area defined by clapboard 12.
This meets wherein the shelf member comprises: a support surface (upper surface of clapboard 12) configured to support the item placed on the upper side; and an edge surface (upper surface of frame 11) on an edge of the support surface, and wherein the support surface is recessed from the edge surface (An Fig. 1).
With respect to claim 9: Cheng, as modified, makes obvious wherein the shelf member further comprises a stepped member (the edge of frame 11, between the upper surface of frame 11 and clapboard 12) between the support surface and the edge surface.
With respect to claim 10: Cheng, as modified, makes obvious wherein the shelf member further comprises a guide rib (indicated by the arrow in the annotated image below, from Zhang Fig. 1) protruding upward from the edge surface and disposed in front of the support surface.
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With respect to claim 19: By making the same combinations/modifications as in the rejections above, the combination of prior art makes obvious wherein the ice making cover further comprises a shelf member (clapboard 12) having a rectangular shape and configured to support an item placed on an upper side, and wherein the shelf member comprises a guide rib (frame 11 and/or the “guide rib” indicated by the arrow in the annotated image above) protruded from the upper side.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111174489 A (Cheng) as applied to claim 2 above, and further in view of US 2021/0404725 A1 (Olvera).
With respect to claim 12: Cheng does not disclose “wherein the ice making cover further comprises a front inclined member extending from the shelf member to a front side and inclined downward” as claimed.
Olvera Fig. 8 shows the front portion of an analogous ice-making apparatus cover defining a front inclined portion extending from a shelf member (storage surface 132) to a front side and inclined downward.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Cheng’s cover 1 to have the front, inclined portion of Olvera’s invention, because that is a known configuration in the art for the front of an ice-maker.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 111174489 A (Cheng).
With respect to claim 20: Cheng discloses a refrigerator comprising: an outer case (Fig. 10: exterior walls of box body 9) at an exterior of the refrigerator; an inner case (Fig. 10: interior walls of box body 9) and comprising a first side wall and a second side wall (Fig. 10: left and right walls of the compartment accommodating ice making box cover 1) facing to the first side wall; an ice making case (box 2 and the shelf) mounted on the inner case (the shelf is mounted to the left and right walls of its compartment), configured to produce ice (disclosed throughout the translation), and supported by the first side wall and the second side wall (the shelf is mounted to the left and right walls of its compartment); and an ice making cover (box cover 1) configured to support an item placed on an upper side of the ice making cover (Fig. 10: an item can be supported on the upper side of box cover 1, and below the shelf that is directly above the cover 1), and covering an upper side of the ice making case.
Cheng does not disclose “the ice making case comprising a fixing protrusion protruding upward” and/or “the ice making cover comprising an insertion hole into which the fixing protrusion is inserted” as claimed.
Cheng discloses the cover 1 has hook assemblies 12, and the box 2 has slots 23. It has been held that the reversal of the essential working parts of an invention involves only routine skill in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to reverse the hook assemblies 12 and slots 23, as an obvious variation of Cheng’s invention.
This meets the ice making case (box 2) comprising a fixing protrusion (hook assembly 12) protruding upward and the ice making cover (cover 1) comprising an insertion hole (slot 23) into which the fixing protrusion is inserted.
Allowable Subject Matter
Claim 11 and 13-15 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637