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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/19/2026 has been entered.
Status
This Office Action is in response to the remarks and amendments filed on 05/18/2026. Claims 1-5, 7, 15, 17-19, and 21-30 remain pending for consideration.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first tray cover is disposed so as not to overlap the cell in the first direction” in claim 27 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 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.
Claim 27 is 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 27, Applicant has added the limitation “the first tray cover is disposed so as not to overlap the cell in the first direction”. However, on paragraph [0063] of the originally filed specification, Applicant discloses “The first tray cover 340 may be provided with an opening corresponding to a shape of the ice making cell 320a of the first tray 320 and may be coupled to a lower surface of the first tray 320”. 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.
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 17, 27, and 30 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 27, the claim recites “the first tray cover is disposed so as not to overlap the cell in the first direction” which renders the claim indefinite. Referring to paragraph [0063] of the specification, Applicant discloses “The first tray cover 340 may be provided with an opening corresponding to a shape of the ice making cell 320a of the first tray 320 and may be coupled to a lower surface of the first tray 320”. Therefore, it is not entirely clear how the “first tray cover” would not at least overlap a portion of the cell considering that the first tray forms the upper portion of the cell. More clarity is requested.
Regarding claim 30, the claim recites “a first tray case … provided at a one side of the first tray” which renders the claim indefinite. Claim 15, from which claim 30 depends already discloses “a first tray case … provided at a one side of the first tray”. Therefore, it is not entirely clear if the disclosed “first tray case” and “one side of the first tray” of claim 30 are referring to the same previously disclosed structures or to entirely different structures. More clarity is requested.
For examination purposes, the phrase “a first tray case … provided at a one side of the first tray” will be interpreted as -- the first tray case … provided at the one side of the first tray --
Claim 17 is 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 1-5, 7, 15, 17-19, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Bertolini et al. (US 20190293335 A1, herein after referred to as Bertolini), in view of Ito et al. (JP2005326035A, herein after referred to as Ito), in view of Yoshikazu (JPH06273014A), in view of Hiroshige et al. (CN100338419C, herein after referred to as Hiroshige), and in further view of Kato et al. (JPH06323705A, herein after referred to as Kato).
Regarding claim 1, Bertolini teaches an ice maker (automatic spherical ice maker 18 Fig. 2), comprising: a cell (mold M1 Fig. 5A) in which a liquid (disclosed “water” in paragraph [0050]) is phase-changed into ice (spherical ice balls IB Fig. 8); a first tray (upper stationary ice mold 30 Fig. 4) configured to define at least a portion (upper wall forming mold M1 Fig. 5A) of a wall (upper and lower walls forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a second tray (lower rotatable ice mold 40 Fig. 4) configured to define at least another portion of the wall (lower wall forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a temperature sensor (thermistor T Fig. 4); a driver (drive motor 50 Fig. 4) connected to the second tray (Fig. 3) and providing power to the second tray (Fig. 3 and paragraph [0061]); a first heater (first heating element 72 Fig. 4) and a second heater (second heating element 72' Fig. 4) configured to supply heat to at least one of the first tray or the second tray (paragraph [0052]); an ice making process (disclosed “ice production mode” in paragraph [0061]) at an ice making position (corresponds to the position of lower rotatable ice mold 40 illustrated in Fig. 2) where the second tray is in contact with the first tray in order to form the ice in the cell (paragraph [0061] and Fig. 2), and an ice separation process (disclosed “ice harvesting mode” in paragraph [0061]) in which the second tray is spaced apart from the first tray to separate the ice from the cell (paragraph [0061]), the ice separation process including a step to turn on the second heater (paragraph [0061]).
Bertolini teaches the invention as described above but fails to explicitly teach “a first tray case provided at one side of the first tray; the temperature sensor installed in the first tray case; a second tray case coupled to the second tray”.
However, Ito teaches a first tray case (outer portion of ice tray 1 which covers coating 2 Fig. 6) provided at one side of a first tray (Fig. 6 where coating 2 corresponds to the first tray of Bertolini); a temperature sensor (temperature sensor 10 Fig. 5 corresponds to the temperature sensor of Bertolini) installed in the first tray case (Fig. 5); a second tray case (outer portion of ice tray 1A which covers coating 2A Fig. 6) coupled to a second tray (Fig. 6 where coating 2A corresponds to the second tray of Bertolini) to provide an ice making tray in which the bottom of the ice tray can be deformed (paragraph [0009]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Bertolini to include “a first tray case provided at one side of the first tray; the temperature sensor installed in the first tray case; a second tray case coupled to the second tray” in view of the teachings of Ito to provide an ice making tray in which the bottom of the ice tray can be deformed.
The combined teachings teach the invention as described above but fail to explicitly teach “the first tray case formed as a separate component to the first tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the first tray” does anything more than produce the predictable result of adding a case to the ice tray. Since it has been held that making parts separable has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of adding a case to the ice tray.
The combined teachings teach the invention as described above but fail to explicitly teach “a controller configured to: perform the ice making process and the ice separation process; wherein the controller is configured to: after a liquid supply is completed, turn on the first heater, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a first turn-off condition of the first heater is satisfied, and start the ice separation process when a temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off”.
However, Yoshikazu teaches a controller (microcomputer 51 Fig. 5) configured to: perform an ice making process (Fig. 6 where steps S1 to S9 Fig. 6 correspond to the ice making process of Bertolini) and an ice separation process (steps S10 to S17 Fig. 6 correspond to the ice separation process of Bertolini); wherein the controller is configured to: after a liquid supply (step S1 Fig. 6 and paragraph [0013]) is completed (paragraph [0013]), turn on a first heater (paragraph [0014] where lid heater 20 Fig. 3 corresponds to the first heater of Bertolini), the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed (paragraphs [0013] and [0014] where it is disclosed that the ice making process of Yoshikazu starts with water being supplied to the tray then pulse motor 23 being energized before lid heater 20 being turned on), turn off the first heater when the controller determines that a first turn-off condition of the first heater (corresponds to the completion of ice making as disclosed in paragraph [0015]) is satisfied, and start the ice separation process when a temperature (corresponds to the temperature detected by temperature sensor 37 in step S7 paragraph [0015]) sensed by a temperature sensor (temperature sensor 37 Fig. 4 corresponds to the temperature sensor of Bertolini) reaches a reference temperature (corresponds to a detected temperature of below -13.5 degrees as disclosed in paragraph [0015]) after the first heater is turned off (paragraph [0015]).
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 controller configured to: perform the ice making process and the ice separation process; wherein the controller is configured to: after a liquid supply is completed, turn on the first heater, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a first turn-off condition of the first heater is satisfied, and start the ice separation process when a temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off” in view of the teachings of Yoshikazu to automate both the ice making and ice separation processes.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is configured to turn on the first heater when the controller determines that the temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature”.
However, Kato teaches wherein a controller (microcomputer 53 Fig. 7 corresponds to the controller of Yoshikazu) is configured to turn on a first heater (lid heater 49 Fig. 7 corresponds to the first heater of Bertolini) when the controller determines that a temperature of a cell (paragraph [0021] and Fig. 6 where the cells of ice tray 19 correspond to the cell of Bertolini) sensed by a temperature sensor (lid heater sensor 51 Fig. 7 corresponds to the temperature sensor of Bertolini) reaches a turn-on reference temperature (disclosed “predetermined temperature range” of -5 to 5 degrees Celsius in paragraph [0021]) to control the amount of heating from the first heater (paragraph [0021]).
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 turn on the first heater when the controller determines that the temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature” in view of the teachings of Kato to control the amount of heating from the first heater.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is further configured to: determine that the first turn-off condition of the first heater is satisfied, based on a time in the ice making process”.
However, Hiroshige teaches wherein a controller (the disclosed “control device” in paragraph [67] corresponds to the controller of Yoshikazu) is further configured to determine that a first turn-off condition of a first heater (corresponds to the first turn-off condition of heater 22 Fig. 7 where heater 22 corresponds to the first heater of Bertolini) is satisfied, based on a time in an ice making process (disclosed “predetermined time” that has passed from the power-on start time of the heater 22 in paragraph [57]) to provide an ice maker that can still determine ice completion even in the event of a temperature sensor failure.
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 further configured to: determine that the first turn-off condition of the first heater is satisfied, based on a time in the ice making process” in view of the teachings of Hiroshige to provide an ice maker that can still determine ice completion even in the event of a temperature sensor failure.
Regarding claim 2, the combined teachings teach wherein the first turn-off condition of the first heater in the ice making process is different from a condition (paragraph [57] of Hiroshige where a person skilled in the art would recognize that the completion of the ice making process can be determined based on a temperature sensed by sensor 18 while the turn-off condition of heater 22 can be determined based on how long heater 22 has been energized) to determine that the ice making process is completed.
Regarding claim 3, the combined teachings teach wherein the controller is configured to determine that the first turn-off condition of the first heater is satisfied, based on a time in the ice making process (paragraph [57] of Hiroshige), and determine that the ice making process is completed, based on the temperature (temperature Ta in paragraph [69] of Hiroshige corresponds to the sensed temperature of Yoshikazu) sensed by the temperature sensor (temperature sensor 18 Fig. 7 of Hiroshige corresponds to the temperature sensor of Bertolini).
Regarding claim 4, the combined teachings teach wherein the turn-on reference temperature of the first heater in the ice making process is below zero degrees Celsius (paragraph [0021] of Kato).
Regarding claim 5, the combined teachings teach wherein the controller is configured to turn off the second heater when the temperature of the cell sensed by the temperature sensor reaches an off-reference temperature (disclosed “zero degree or higher” in paragraph [0016] of Yoshikazu) in the ice separation process (paragraph [0016] of Yoshikazu).
Regarding claim 7, the combined teachings teach a refrigerator (refrigerator appliance 10 Fig. 1 of Bertolini).
Regarding claim 15, Bertolini teaches an ice maker (automatic spherical ice maker 18 Fig. 2), comprising: a cell (mold M1 Fig. 5A) in which a liquid (disclosed “water” in paragraph [0050]) is phase-changed into ice (spherical ice balls IB Fig. 8); a first tray (upper stationary ice mold 30 Fig. 4) configured to define at least a portion (upper wall forming mold M1 Fig. 5A) of a wall (upper and lower walls forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a second tray (lower rotatable ice mold 40 Fig. 4) configured to define at least another portion of the wall (lower wall forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a temperature sensor (thermistor T Fig. 4); a driver (drive motor 50 Fig. 4) connected to the second tray (Fig. 3) and providing power to the second tray (Fig. 3 and paragraph [0061]); a first heater (first heating element 72 Fig. 4) and a second heater (second heating element 72' Fig. 4) configured to supply heat to at least one of the first tray or the second tray (paragraph [0052]); an ice making process (disclosed “ice production mode” in paragraph [0061]) at an ice making position (corresponds to the position of lower rotatable ice mold 40 illustrated in Fig. 2) where the second tray is in contact with the first tray in order to form the ice in the cell (paragraph [0061] and Fig. 2), an ice separation process (disclosed “ice harvesting mode” in paragraph [0061]) in which the second tray is spaced apart from the first tray to separate the ice from the cell (paragraph [0061]), start the ice making process in a state (paragraph [0061] and Fig. 2) in which the second tray moves to the ice making position (Fig. 2), the ice separation process including a step (paragraph [0061]) to turn on the second heater.
Bertolini teaches the invention as described above but fails to explicitly teach “a first tray case provided at one side of the first tray; the temperature sensor installed in the first tray case; a second tray case coupled to the second tray”.
However, Ito teaches a first tray case (outer portion of ice tray 1 which covers coating 2 Fig. 6) provided at one side of a first tray (Fig. 6 where coating 2 corresponds to the first tray of Bertolini); a temperature sensor (temperature sensor 10 Fig. 5 corresponds to the temperature sensor of Bertolini) installed in the first tray case (Fig. 5); a second tray case (outer portion of ice tray 1A which covers coating 2A Fig. 6) coupled to a second tray (Fig. 6 where coating 2A corresponds to the second tray of Bertolini) to provide an ice making tray in which the bottom of the ice tray can be deformed (paragraph [0009]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Bertolini to include “a first tray case provided at one side of the first tray; the temperature sensor installed in the first tray case; a second tray case coupled to the second tray” in view of the teachings of Ito to provide an ice making tray in which the bottom of the ice tray can be deformed.
The combined teachings teach the invention as described above but fail to explicitly teach “the first tray case formed as a separate component to the first tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the first tray” does anything more than produce the predictable result of adding a case to the ice tray. Since it has been held that making parts separable has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of adding a case to the ice tray.
The combined teachings teach the invention as described above but fail to explicitly teach “a controller configured to: perform the ice making process and the ice separation process; wherein the controller is configured to: after a liquid supply is completed, determine that a turn-on condition of the first heater is satisfied, turn on the first heater when the controller determines that the turn-on condition of the first heater is satisfied, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a turn-off condition of the first heater is satisfied, and start the ice separation process when a second temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off, wherein the controller is further configured to determine that a turn-off condition of the second heater is satisfied, based on a third temperature of the cell sensed by the temperature sensor in the ice separation process”.
However, Yoshikazu teaches a controller (microcomputer 51 Fig. 5) configured to: perform an ice making process (Fig. 6 where steps S1 to S9 Fig. 6 correspond to the ice making process of Bertolini) and an ice separation process (steps S10 to S17 Fig. 6 correspond to the ice separation process of Bertolini); wherein the controller is configured to: after a liquid supply (step S1 Fig. 6 and paragraph [0013]) is completed (paragraph [0013]), determine that a turn-on condition of a first heater (corresponds to the completion of step S5 as described in paragraph [0014] where lid heater 20 Fig. 3 corresponds to the first heater of Bertolini) is satisfied (paragraph [0014]), turn on the first heater (paragraph [0014]) when the controller determines that the turn-on condition of the first heater is satisfied (paragraph [0013]), the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed (paragraphs [0013] and [0014] where it is disclosed that the ice making process of Yoshikazu starts with water being supplied to the tray then pulse motor 23 being energized before lid heater 20 being turned on), turn off the first heater when the controller determines that a turn-off condition of the first heater (corresponds to the completion of ice making as disclosed in paragraph [0015]) is satisfied, and start the ice separation process when a second temperature (corresponds to the temperature detected by temperature sensor 37 in step S7 paragraph [0015]) sensed by a temperature sensor (temperature sensor 37 Fig. 4 corresponds to the temperature sensor of Bertolini) reaches a reference temperature (corresponds to a detected temperature of below -13.5 degrees as disclosed in paragraph [0015]) after the first heater is turned off, wherein the controller is further configured to determine that a turn-off condition of a second heater (corresponds to the temperature detected in step S12 as disclosed in paragraph [0016] where dish heater 33 Fig. 4 corresponds to the second heater of Bertolini) is satisfied, based on a third temperature of the cell (disclosed “zero degree or higher” in paragraph [0016]) sensed by the temperature sensor in the ice separation process (paragraph [0016]).
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 controller configured to: perform the ice making process and the ice separation process; wherein the controller is configured to: after a liquid supply is completed, determine that a turn-on condition of the first heater is satisfied, turn on the first heater when the controller determines that the turn-on condition of the first heater is satisfied, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a turn-off condition of the first heater is satisfied, and start the ice separation process when a second temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off, wherein the controller is further configured to determine that a turn-off condition of the second heater is satisfied, based on a third temperature of the cell sensed by the temperature sensor in the ice separation process” in view of the teachings of Yoshikazu to automate both the ice making and ice separation processes.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is configured to: determine that the turn-on condition of the first heater is satisfied when a first temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature, vary an output of the first heater, after the first heater turns on”.
However, Kato teaches wherein a controller (microcomputer 53 Fig. 7 corresponds to the controller of Yoshikazu) is configured to: determine that a turn-on condition of a first heater (the turn-on condition of lid heater 49 Fig. 7 described in paragraph [0021] corresponds to the turn-on condition of the first heater of Yoshikazu) is satisfied when a first temperature of a cell (paragraph [0021] and Fig. 6 where the cells of ice tray 19 correspond to the cell of Bertolini) sensed by a temperature sensor (lid heater sensor 51 Fig. 7 corresponds to the temperature sensor of Bertolini) reaches a turn-on reference temperature (disclosed “predetermined temperature range” of -5 to 5 degrees Celsius in paragraph [0021]), vary an output of the first heater (paragraph [0021]), after the first heater turns on (paragraph [0021]) to control the amount of heating from the first heater (paragraph [0021]).
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: determine that the turn-on condition of the first heater is satisfied when a first temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature, vary an output of the first heater, after the first heater turns on” in view of the teachings of Kato to control the amount of heating from the first heater.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is further configured to determine that the turn-off condition of the first heater is satisfied, based on a time in the ice making process”.
However, Hiroshige teaches wherein a controller (the disclosed “control device” in paragraph [67] corresponds to the controller of Yoshikazu) is further configured to determine that a first turn-off condition of a first heater (corresponds to the first turn-off condition of heater 22 Fig. 7 where heater 22 corresponds to the first heater of Bertolini) is satisfied, based on a time in an ice making process (disclosed “predetermined time” that has passed from the power-on start time of the heater 22 in paragraph [57]) to provide an ice maker that can still determine ice completion even in the event of a temperature sensor failure.
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 further configured to determine that the turn-off condition of the first heater is satisfied, based on a time in the ice making process” in view of the teachings of Hiroshige to provide an ice maker that can still determine ice completion even in the event of a temperature sensor failure.
Regarding claim 17, the combined teachings teach wherein the controller is configured to determine that the turn-off condition of the first heater is satisfied, based on a time in the ice making process (paragraph [57] of Hiroshige), and determine that the ice making process is completed, based on the temperature (temperature Ta in paragraph [69] of Hiroshige corresponds to the sensed temperature of Yoshikazu) sensed by the temperature sensor (temperature sensor 18 Fig. 7 of Hiroshige corresponds to the temperature sensor of Bertolini).
Regarding claim 18, the combined teachings teach wherein the turn-on reference temperature of the first heater is below zero degrees Celsius (paragraph [0021] of Kato).
Regarding claim 19, the combined teachings teach wherein the controller is configured to turn off the second heater when the third temperature of the cell sensed by the temperature sensor reaches an off-reference temperature (disclosed “zero degree or higher” in paragraph [0016] of Yoshikazu).
Regarding claim 30, the combined teachings teach further comprising a pusher (pushers 5-5A and eccentric shaft 6 Fig. 6 of Ito) including at least one extension part (pushers 5-5A Fig. 6 of Ito) to push out the ice disposed in the cell during the ice separation process (Fig. 6 of Ito), and the first tray case provided at the one side of the first tray (Fig. 6 of Ito), wherein the first tray case is provided with a hole (Fig. 6 and paragraph [0009] of Ito) through which a portion of the pusher passes (Fig. 6 of Ito).
The combined teachings teach the invention as described above but fail to explicitly teach “the first tray case formed as a separate component to the first tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the first tray” does anything more than produce the predictable result of adding a case to the ice tray. Since it has been held that making parts separable has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of adding a case to the ice tray.
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Bertolini, Ito, Yoshikazu, Kato, and Hiroshige as applied to claims 1 and 15 above, and further in view of Boarman et al. (US 20140165598 A1, herein after referred to as Boarman).
Regarding claims 21 and 23, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising a first tray cover disposed outside the wall for providing the cell of the first tray and provided with an opening corresponding to a shape of at least a portion of the wall for providing the cell of the first tray, the first tray cover being spaced apart from the cell”.
However, Boarman teaches further comprising a first tray cover (chill ring cover 504 Fig. 35) disposed outside a wall (Fig. 30 where the wall that forms chill ring 508 corresponds to the wall of Bertolini) for providing a cell (Fig. 26 where mold cavity 440 corresponds to the cell of Bertolini) of a first tray (chill ring 508 Fig. 35 corresponds to the first tray of Bertolini) and provided with an opening (chill ring receiving form 534 Fig. 35) corresponding to a shape (Fig. 35) of at least a portion of the wall for providing the cell of the first tray (upper portion of the wall that forms chill ring 508 Fig. 30), the first tray cover being spaced apart from the cell (Fig. 30 where portions of chill ring cover 504 are spaced apart from mold cavity 440) to provide an insulation layer for the icemaker (paragraph [0019]).
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 “further comprising a first tray cover disposed outside the wall for providing the cell of the first tray and provided with an opening corresponding to a shape of at least a portion of the wall for providing the cell of the first tray, the first tray cover being spaced apart from the cell” in view of the teachings of Boarman to provide an insulation layer for the icemaker.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable Bertolini, Ito, Yoshikazu, Kato, and Hiroshige as applied to claims 1 and 15 above, and further in view of Kim et al. (US 20140000304 A1, herein after referred to as Kim).
Regarding claims 22 and 24, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising a bracket, wherein each component of the ice maker is provided inside or outside the bracket, and wherein the first tray case is manufactured as a separate part from the bracket and then is coupled to the bracket or is integrally formed with the bracket”.
However, Kim teaches further comprising a bracket (ice maker bracket 250 Fig. 7), wherein each component of an ice maker (all components illustrated in Fig. 6 where ice maker 200 corresponds to the ice maker of Bertolini) is provided inside or outside the bracket (Figs. 6-7), and wherein a first tray case (tray part 212 Fig. 6 corresponds to the first tray case of Bertolini) is manufactured as a separate part from the bracket (Figs. 6-7) and then is coupled to the bracket (Figs. 6-7) to provide installation means for the ice maker (paragraph [0046]).
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 “further comprising a bracket, wherein each component of the ice maker is provided inside or outside the bracket, and wherein the first tray case is manufactured as a separate part from the bracket and then is coupled to the bracket or is integrally formed with the bracket” in view of the teachings of Kim to provide installation means for the ice maker.
Claims 25 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Bertolini, Yoshikazu, and Kato.
Regarding claim 25, Bertolini teaches an ice maker (automatic spherical ice maker 18 Fig. 2), comprising: a cell (mold M1 Fig. 5A) in which a liquid (disclosed “water” in paragraph [0050]) is phase-changed into ice (spherical ice balls IB Fig. 8); a first tray (upper stationary ice mold 30 Fig. 4) configured to define at least a portion (upper wall forming mold M1 Fig. 5A) of a wall (upper and lower walls forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a second tray (lower rotatable ice mold 40 Fig. 4) configured to define at least another portion of the wall (lower wall forming mold M1 Fig. 5A) for providing the cell (Fig. 5A); a temperature sensor (thermistor T Fig. 4) disposed adjacent to the first tray (Fig. 4); a driver (drive motor 50 Fig. 4) connected to the second tray (Fig. 3) and providing power to the second tray (Fig. 3 and paragraph [0061]); a first heater (first heating element 72 Fig. 4) configured to supply heat to the cell (paragraph [0052]); a second heater (second heating element 72' Fig. 4) configured to supply heat to the cell (paragraph [0052]); an ice making process (disclosed “ice production mode” in paragraph [0061]) at an ice making position (corresponds to the position of lower rotatable ice mold 40 illustrated in Fig. 2) where the second tray is in contact with the first tray to form the ice in the cell (paragraph [0061] and Fig. 2), and an ice separation process (disclosed “ice harvesting mode” in paragraph [0061]) in which the second tray is spaced apart from the first tray to separate the ice from the cell (paragraph [0061]), the ice separation process including a step (paragraph [0061]) to turn on the second heater (paragraph [0061]).
Bertolini teaches the invention as described above but fails to explicitly teach “a controller configured to: perform the ice making process and the ice separation process, wherein the controller is configured to: after a liquid supply is completed, turn on the first heater, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a first turn-off condition of the first heater is satisfied, and start the ice separation process when a temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off”.
However, Yoshikazu teaches a controller (microcomputer 51 Fig. 5) configured to: perform an ice making process (Fig. 6 where steps S1 to S9 Fig. 6 correspond to the ice making process of Bertolini) and an ice separation process (steps S10 to S17 Fig. 6 correspond to the ice separation process of Bertolini); wherein the controller is configured to: after a liquid supply (step S1 Fig. 6 and paragraph [0013]) is completed (paragraph [0013]), turn on a first heater (paragraph [0014] where lid heater 20 Fig. 3 corresponds to the first heater of Bertolini), the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed (paragraphs [0013] and [0014] where it is disclosed that the ice making process of Yoshikazu starts with water being supplied to the tray then pulse motor 23 being energized before lid heater 20 being turned on), turn off the first heater when the controller determines that a first turn-off condition of the first heater (corresponds to the completion of ice making as disclosed in paragraph [0015]) is satisfied, and start the ice separation process when a temperature (corresponds to the temperature detected by temperature sensor 37 in step S7 paragraph [0015]) sensed by a temperature sensor (temperature sensor 37 Fig. 4 corresponds to the temperature sensor of Bertolini) reaches a reference temperature (corresponds to a detected temperature of below -13.5 degrees as disclosed in paragraph [0015]) after the first heater is turned off (paragraph [0015]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Bertolini to include “a controller configured to: perform the ice making process and the ice separation process, wherein the controller is configured to: after a liquid supply is completed, turn on the first heater, the first heater being not turned on immediately after the ice making process is started and the liquid supply is completed, turn off the first heater when the controller determines that a first turn-off condition of the first heater is satisfied, and start the ice separation process when a temperature sensed by the temperature sensor reaches a reference temperature after the first heater is turned off” in view of the teachings of Yoshikazu to automate both the ice making and ice separation processes.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller is configured to turn on the first heater when the controller determines that a temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature”.
However, Kato teaches wherein a controller (microcomputer 53 Fig. 7 corresponds to the controller of Yoshikazu) is configured to turn on a first heater (lid heater 49 Fig. 7 corresponds to the first heater of Bertolini) when the controller determines that a temperature of a cell (paragraph [0021] and Fig. 6 where the cells of ice tray 19 correspond to the cell of Bertolini) sensed by a temperature sensor (lid heater sensor 51 Fig. 7 corresponds to the temperature sensor of Bertolini) reaches a turn-on reference temperature (disclosed “predetermined temperature range” of -5 to 5 degrees Celsius in paragraph [0021]) to control the amount of heating from the first heater (paragraph [0021]).
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 turn on the first heater when the controller determines that a temperature of the cell sensed by the temperature sensor reaches a turn-on reference temperature” in view of the teachings of Kato to control the amount of heating from the first heater.
Regarding claim 29, the combined teachings a refrigerator (refrigerator appliance 10 Fig. 1 of Bertolini).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Bertolini, Yoshikazu, and Kato as applied to claim 25 above, and further in view of Ito.
Regarding claim 26, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising; a pusher including at least one extension part to push out the ice disposed in the cell during the ice separation process, and a first tray case provided at one side of the first tray, the temperature sensor being installed in the first tray case, wherein the first tray case is provided with a hole through which a portion of the pusher passes”.
However, Ito teaches further comprising a pusher (pushers 5-5A and eccentric shaft 6 Fig. 6) including at least one extension part (pushers 5-5A Fig. 6) to push out ice disposed in a cell (Fig. 6) during an ice separation process (Fig. 6), and a first tray case (outer portion of ice tray 1 which covers coating 2 Fig. 6) provided at one side of a first tray (Fig. 6 where coating 2 corresponds to the first tray of Bertolini), a temperature sensor (temperature sensor 10 Fig. 5 corresponds to the temperature sensor of Bertolini) being installed in the first tray case (Fig. 5), wherein the first tray case is provided with a hole (Fig. 6 and paragraph [0009]) through which a portion of the pusher passes (Fig. 6) to provide an ice making tray in which the bottom of the ice tray can be deformed (paragraph [0009]).
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 “further comprising; a pusher including at least one extension part to push out the ice disposed in the cell during the ice separation process, and a first tray case provided at one side of the first tray, the temperature sensor being installed in the first tray case, wherein the first tray case is provided with a hole through which a portion of the pusher passes” in view of the teachings of Ito to provide an ice making tray in which the bottom of the ice tray can be deformed.
The combined teachings teach the invention as described above but fail to explicitly teach “the first tray case formed as a separate component to the first tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the first tray” does anything more than produce the predictable result of adding a case to the ice tray. Since it has been held that making parts separable has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. C, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify the apparatus of the combined teachings and meet the claimed limitations in order to provide the predictable results of adding a case to the ice tray.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Bertolini, Yoshikazu, and Kato as applied to claim 25 above, and further in view of Boarman.
Regarding claim 27, the combined teachings teach wherein the first tray and the second tray are arranged in a first direction (Fig. 2 of Bertolini where the vertical direction corresponds to first direction).
The combined teachings teach the invention as described above but fail to explicitly teach “further comprising a first tray cover, the first tray cover is disposed so as not to overlap the cell in the first direction and provided with an opening corresponding to a shape of at least a portion of the cell of the first tray and coupled to the first tray”.
However, and due to indefiniteness, Boarman teaches further comprising a first tray cover (chill ring cover 504 Fig. 35), the first tray cover is disposed so as not to overlap a cell (Figs. 26 and 30 where mold cavity 440 corresponds to the cell of Bertolini) in a first direction (the vertical direction in Fig. 30 corresponds to the first direction of Bertolini) and provided with an opening (chill ring receiving form 534 Fig. 35) corresponding to a shape (Fig. 35) of at least a portion of the cell (upper portion of unitary mold cavity 440 Figs. 26 and 35) of a first tray (chill ring 508 Fig. 35 corresponds to the first tray of Bertolini) and coupled to the first tray (Fig. 29) to provide an insulation layer for the icemaker (paragraph [0019]).
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 “further comprising a first tray cover, the first tray cover is disposed so as not to overlap the cell in the first direction and provided with an opening corresponding to a shape of at least a portion of the cell of the first tray and coupled to the first tray” in view of the teachings of Boarman to provide an insulation layer for the icemaker.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Bertolini, Yoshikazu, and Kato as applied to claim 25 above, and further in view of Kim.
Regarding claim 28, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising a bracket, wherein each component of the ice maker is provided inside or outside the bracket, and wherein the first tray case is manufactured as a separate part from the bracket and then is coupled to the bracket or is integrally formed with the bracket”.
However, Kim teaches further comprising a bracket (ice maker bracket 250 Fig. 7), wherein each component of an ice maker (all components illustrated in Fig. 6 where ice maker 200 corresponds to the ice maker of Bertolini) is provided inside or outside the bracket (Figs. 6-7), and wherein a first tray case (tray part 212 Fig. 6 corresponds to the first tray case of Bertolini) is manufactured as a separate part from the bracket (Figs. 6-7) and then is coupled to the bracket (Figs. 6-7) to provide installation means for the ice maker (paragraph [0046]).
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 “further comprising a bracket, wherein each component of the ice maker is provided inside or outside the bracket, and wherein the first tray case is manufactured as a separate part from the bracket and then is coupled to the bracket or is integrally formed with the bracket” in view of the teachings of Kim to provide installation means for the ice maker.
Response to Arguments
Applicant’s arguments with respect to the claims 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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