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 .
Status
This Office Action is in response to the remarks and amendments filed on 09/23/2025. Claims 1-3, 7-12 and 16-18 remain pending for consideration on the merits.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 7-12 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over DuPlessis et al (US 20220357089 A1) in view of Kang et al (US 8683822 B2) and Miller (US 20080256973 A1).
Regarding claims 1 and 10, DuPlessis teaches a stand-alone ice making appliance (ice making appliance 100), comprising: a casing (casing 102); a user interface (control panel 170) on the casing (casing 102, figure 1); a container (ice bin 200) within the casing (as shown on figure 2); a reservoir (reservoir 132) disposed within the casing (as shown on figure 3); an ice maker (ice maker 104) disposed within the casing (as shown on figure 3).
DuPlessis teaches the invention as described above but fail to teach a dispenser assembly configured to dispense a specified amount of ice, the dispenser assembly coupled to and extending within a front surface of the container, the dispenser assembly comprising a front portion configured to operate the dispenser assembly, the dispenser assembly moveable between an open position and a closed position, the dispenser assembly comprising a compartment configured to hold the specified amount of ice, wherein the compartment is positioned within the container in the closed position and is accessible from outside the container in the open position.
However, Kang teaches a dispenser assembly (ice bank 230) configured to dispense a specified amount of ice (the ice bank 230 that temporarily stores ice made in the ice-making chamber 220, col 9 lines 46-48), the dispenser assembly (ice bank 230) coupled to and extending within a front surface of the container (as shown on figures 16-17, corresponding to the front surface of ice bin 200 of DuPlessis), the dispenser assembly (ice bank 230) comprising a front portion (front portion of ice bank 230, figure 16) configured to operate the dispenser assembly (as shown on figure 17), the dispenser assembly (ice bank 230) moveable between an open position (figure 17) and a closed position (figure 16), the dispenser assembly comprising a compartment (compartment within ice bank 230, figures 16-17) configured to hold the specified amount of ice (the ice bank 230 that temporarily stores ice made in the ice-making chamber 220, col 9 lines 46-48), wherein the compartment is positioned within the container (figures 16-17) in the closed position (figure 16) and is accessible from outside the container in the open position (as shown on figure 17).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the appliance in the teachings of DuPlessis to include a dispenser assembly configured to dispense a specified amount of ice, the dispenser assembly coupled to and extending within a front surface of the container, the dispenser assembly comprising a front portion configured to operate the dispenser assembly, the dispenser assembly moveable between an open position and a closed position, the dispenser assembly comprising a compartment configured to hold the specified amount of ice, wherein the compartment is positioned within the container in the closed position and is accessible from outside the container in the open position in view of the teachings of Kang in order to yield the predictable results of providing an ice bank below the ice-making chamber and storing ice made in the ice-making chamber.
The combined teachings teach the invention as described above but fail to teach wherein the container is configured to hold more ice than the specified amount of ice the compartment of the dispenser assembly is configured to hold, and wherein the dispenser assembly comprises a top side and a bottom side, the top side engaging a first edge of the container when in the closed position, and the bottom side contacts a second edge of the container in the closed position.
However, Miller teaches wherein the container (chamber 112) is configured to hold more ice (via chamber 112 holding more ice than the ice that rests on tray section 132, as described in paragraph 0047) than the specified amount of ice the compartment of the dispenser assembly is configured to hold (slider 30, as described in paragraph 0035), and wherein the dispenser assembly (slider 130) comprises a top side (top portion of slider 130, figure 3) and a bottom side (bottom portion of slider 130, figure 3), the top side engaging a first edge of the container (with the edge of chamber 112, as shown on figure 3) when in the closed position (as shown on figure 4), and the bottom side (bottom portion of slider 130, figure 3) contacts a second edge (with the edge of chamber 112, as shown on figure 3) of the container (chamber 12) in the closed position (as shown on figure 4).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the appliance in the combined teachings to include wherein the container is configured to hold more ice than the specified amount of ice the compartment of the dispenser assembly is configured to hold, and wherein the dispenser assembly comprises a top side and a bottom side, the top side engaging a first edge of the container when in the closed position, and the bottom side contacts a second edge of the container in the closed position in view of the teachings of Miller in order to yield the predictable results of allowing the depressed tray section of slider with a bucket for a smooth or substantially jam free dispensing action.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 2 and 11, the combined teachings teach wherein the compartment (compartment within ice bank 230, figures 16-17 of Kang) is configured to receive the specified amount of ice by gravity when in the closed position (an ice bank provided below the ice-making chamber, storing ice made in the ice-making chamber, col 2 lines 22-23 of Kang), and wherein the compartment (compartment within ice bank 230, figures 16-17 of Kang) is configured to hold the specified amount of ice within an internal volume of the casing when in the closed position (an ice bank provided below the ice-making chamber, storing ice made in the ice-making chamber, col 3 lines 57-58 and as shown on figure 5 of Kang).
Further, it is understood, claim 2 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 3 and 12, the combined teachings teach wherein the front portion of the dispenser assembly (front portion of ice bank 230 of Kang) comprises a front surface (figure 16 of Kang), and wherein the front surface of the dispenser assembly is flush with the front surface of the container (ice bank 230 sits flush with the front surface of freezing chamber door 100 when door 120 is closed, as shown on figure 3 of Kang) when in the closed position (as shown on figure 3 of Kang).
Regarding claims 7 and 16, the combined teachings teach wherein the dispenser assembly (sliding dispenser, abstract of Miller) further comprises a slider (slider 30 of Miller) mounted to and extending within the container (mounting and extending within chamber 12 of bucket 10, as shown on figure 1 of Miller), the front portion of the dispenser assembly defined by a front surface of the slider (front surface of slider 30, as shown on figure 1 of Miller), the slider configured to parcel a predefined amount of ice in the compartment of the slider for dispensing (when slider 30 is moved, the motion of the slider, in combination with the action of the ice pushing up against appendage 24, propels the ice into slider opening 34 and out of bucket 10, paragraph 0035 of Miller).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the appliance in the combined teachings to include wherein the dispenser assembly further comprises a slider mounted to and extending within the container, the front portion of the dispenser assembly defined by a front surface of the slider, the slider configured to parcel a predefined amount of ice in the compartment of the slider for dispensing in view of the teachings of Miller in order to yield the predictable results of allowing the user to remove ice.
Further, it is understood, claim 7 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 8 and 17, the combined teachings teach further comprising a handle (handle section 38 of Miller) extending from the front portion of the dispenser assembly (extending from the front portion of sliding dispenser, as shown on figures 1-2 of Miller), whereby the slider is pullable from the container by the handle (slider 30 also includes a handle section 38 that extends from base opening 16 in order to the slider in and out of base 14, paragraph 0034 of Miller)
Regarding claims 9 and 18, the combined teachings teach the invention as described above but fail to teach further comprising a ramp extending from the front surface of the container, the dispenser assembly configured to dispense ice down the ramp from the compartment.
However, the Applicant has not disclosed that having “a ramp extending from the front surface of the container, the dispenser assembly configured to dispense ice down the ramp from the compartment” does anything more than discharging the ice out of the bucket. Further, it is a matter of engineering design to arrange the slider opening 34, where the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04, I & and IV A). Finally, one would have a reasonable expectation of success by changing the design of the slider opening 34 of Miller to the claimed limitation.
Response to Arguments
Applicant's arguments filed 09/23/2025 have been fully considered but they are not persuasive.
In response to the Applicant’s argument that “The Office Action further cites to Miller as disclosing a dispensing assembly that includes a slider. Miller (as well as DuPlessis and Kang) fails to disclose the dispenser assembly includes a top side and a bottom side, where the top side engages a first edge of the container in the closed position, and the bottom side engages a second edge of the container in the closed position”, the Examiner disagrees. For clarity, Miller teaches that the chamber 112 is configured to hold more ice than the tray section 132, as chamber 112 stores ice (paragraph 0047) and tray section 132 stores only the ice that is to be discharged (paragraph 0048). Additionally, the top and bottom portion of slider 130 engages with the first and second edges of chamber 112, as show on figure 4. Therefore, the Applicant’s argument is not persuasive and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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, Jerry Daryl Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DARIO ANTONIO DELEON/Examiner, Art Unit 3763 /JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights