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 Status
Claims 1-18 are pending. Claims 1, 5, 8, 10-11, 14, and 17 have been amended.
Response to Arguments
Applicant’s arguments with respect to claims 1-18 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.
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 1-8 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Broadbent et al. (US 2016/0334157 A1), hereafter referred to as “Broadbent,” in view of Chase et al. (US 2014/0130890 A1), hereafter referred to as “Chase,” Berge et al. (5,660,506), hereafter referred to as “Berge,” and Esch et al. (US 2003/0010054 A1), hereafter referred to as “Esch.”
Regarding Claim 1: Broadbent teaches a method of operating a stand-alone ice making appliance (10), the method comprising: performing a plurality of ice making operations (ice making/freeze cycles, paragraphs [0027], [0035], and [0050]) in the stand-alone ice making appliance (10), whereby ice is produced in the stand-alone ice making appliance (10); monitoring a count of the plurality of ice making operations (paragraphs [0027] and [0035]) performed; and wherein a suggested process is one of descaling (paragraph [0050]) and sanitizing one or more of a flexible tubing, an ice maker (10), and an extruder of the stand-alone ice making appliance (10).
Broadbent fails to teach the stand alone ice maker comprising an ice maker, the ice maker comprising a casing and an auger within the casing, the auger configured to rotate within the casing; illuminating an indicator light of a plurality of indicator lights on a user interface of the stand-alone ice making appliance upon reaching a predetermined count of the ice making operations performed, the indicator light indicating a suggested process; receiving an input indicative of the suggested process; and wherein the suggested process is one of descaling and sanitizing each of a flexible tubing, the ice maker, and an extruder of the stand-alone ice making appliance.
Chase teaches illuminating an indicator light (92) of a plurality of indicator lights (92) on a user interface (72) of a stand-alone ice making appliance (10) upon reaching a predetermined count of operations (a certain number of cycles perform, paragraphs [0023], [0034]) performed, the indicator light (92) indicating a suggested process (paragraph [0040]); receiving an input (from controller 70) indicative of the suggested process (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided illuminating an indicator light of a plurality of indicator lights on a user interface of the stand-alone ice making appliance upon reaching a predetermined count of the ice making operations performed, the indicator light indicating a suggested process; receiving an input indicative of the suggested process to the structure of Broadbent as taught by Chase in order to advantageously provide information to the user and receive input commands for operations of the appliance (see Chase, paragraph [0032]).
Berge teaches a stand alone ice maker (2) comprising an ice maker (2 has 6), the ice maker (2) comprising an auger (14), the auger (14) configured to rotate (Column 5, lines 25-42); and wherein the suggested process is one of descaling and sanitizing (Column 9, lines 13-32) each of a tubing (30), the ice maker (6), and an extruder (17) of a stand-alone ice making appliance (Column 9, lines 13-32, see Figures 1 and 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the stand alone ice maker comprising an ice maker, the ice maker comprising and an auger within the casing, the auger configured to rotate; and wherein the suggested process is one of descaling and sanitizing each of a tubing, the ice maker, and an extruder of the stand-alone ice making appliance to the structure of Broadbent modified supra as taught by Berge in order to advantageously clean/sanitize the entire appliance without having to disassemble the appliance (see Berge, Column 9, lines 13-32).
Esch teaches a stand alone ice maker (10) comprising an ice maker (42), the ice maker comprising a casing (12) and an auger (54) within the casing (paragraph [0017]), the auger (54) configured to rotate within the casing (12) and flexible tubing (drain line 20, flexible hose, paragraph [0018]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the stand alone ice maker comprising an ice maker, the ice maker comprising a casing and an auger within the casing, the auger configured to rotate within the casing and flexible tubing to the structure of Broadbent modified supra as taught by Esch in order to advantageously provide housing for the icemaking device and known type of conduits to use in the (see Esch, paragraphs [0017]-[0018]).
Regarding Claim 2: Broadbent modified supra fails to teach wherein the input indicative of the suggested process comprises a user input on the user interface of the stand-alone ice making appliance.
Chase teaches wherein an input indicative of a suggested process (paragraphs [0032]-[0034]) comprises a user input (via 88) on a user interface (72) of a stand-alone ice making appliance (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the input indicative of the suggested process comprises a user input on the user interface of the stand-alone ice making appliance to the structure of Broadbent modified supra as taught by Chase in order to advantageously provide information to the user and receive input commands for operations of the appliance (see Chase, paragraph [0032]).
Regarding Claim 3: Broadbent further teaches wherein each ice making operation of the plurality of ice making operations (ice making/freeze cycles, paragraph [0027]) comprises operating a compressor (15) to circulate a refrigerant through a sealed system (10 has piping see 12) of the stand-alone ice making appliance (10), the method further comprising measuring an amount of time the compressor is ON (time measured as a portion of the freeze cycle in which compressor is running, paragraph [0027]).
Regarding Claim 4: Broadbent modified supra fails to teach wherein illuminating the indicator light of the plurality of indicator lights on the user interface of the stand-alone ice making appliance upon reaching the predetermined count of the ice making operations performed comprises illuminating a descale indicator light indicating a suggested descaling process.
Chase teaches illuminating an indicator light (92) of a plurality of indicator lights (paragraph [0034]) on a user interface (72) of a stand-alone ice making appliance (10) upon reaching a predetermined count of ice making operations (paragraph [0037]) performed comprises illuminating a descale indicator light (92) indicating a suggested descaling process (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light of the plurality of indicator lights on the user interface of the stand-alone ice making appliance upon reaching the predetermined count of the ice making operations performed comprises illuminating a descale indicator light indicating a suggested descaling process to the structure of Broadbent modified supra as taught by Chase in order to advantageously alert the user of the need to conduct an activation of a process (see Chase, paragraph [0040]).
Regarding Claim 5: Broadbent further teaches wherein monitoring the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises comparing the measured amount of time the compressor (15) is ON to a threshold amount of time the compressor is ON (comparisons of cycles and monitoring times to complete harvest after ice making cycles in order to recommend descaling of the ice maker, paragraph [0041]), the threshold amount of time being a predetermined amount of time (paragraph [0050]).
Regarding Claim 6: Broadbent teaches wherein the predetermined count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises the threshold amount of time the compressor is ON (comparisons of cycles and monitoring times to complete harvest after ice making cycles in order to recommend descaling of the ice maker, paragraph [0041]).
Broadbent modified supra fails to teach wherein illuminating the indicator light comprises illuminating the descale indicator light upon reaching the threshold amount of time the compressor is ON.
Chase teaches wherein illuminating an indicator light (92) comprises illuminating a descale indicator light (92) upon reaching a threshold amount of time an appliance (10) is ON (pre-programmed or descale cycle, paragraph [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light comprises illuminating the descale indicator light upon reaching the threshold amount of time the compressor is ON to the structure of Broadbent modified supra as taught by Chase in order to advantageously alert the user of the need to conduct an activation of a process (see Chase, paragraph [0040]).
Regarding Claim 7: Broadbent further teaches wherein the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed is indicative of an amount of time of operation (paragraphs [0050]-[0051]) of the stand-alone ice making appliance (10), the method further comprising measuring the amount of time of operation (paragraph [0050]) of the stand-alone ice making appliance (10).
Regarding Claim 8: Broadbent further teaches wherein monitoring the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises comparing the measured amount of time of operation (paragraphs [0050]-[0051]) of the stand-alone ice making appliance (10) to a threshold amount of time of operation (paragraph [0035]) of the stand-alone ice making appliance (10), the threshold amount of time being a predetermined amount of time (paragraph [0050]).
Regarding Claim 10: Broadbent teaches a method of operating an ice making appliance (10), the method comprising: performing a plurality of ice making operations (ice making/freeze cycles, paragraphs [0027], [0035], and [0050]) in the ice making appliance (10), whereby ice (ice making/freeze cycles, paragraphs [0027], [0035], and [0050]) is produced in the ice making appliance (10); monitoring a count of the plurality of ice making operations performed (paragraphs [0027] and [0035]).
Broadbent fails to teach the stand alone ice maker comprising an ice maker, the ice maker comprising a casing and an auger within the casing, the auger configured to rotate within the casing, illuminating an indicator light of a plurality of indicator lights on a user interface of the ice making appliance upon reaching a predetermined count of the ice making operations performed, the indicator light indicating a suggested process; and receiving an input indicative of the suggested process.
Chase teaches illuminating an indicator light (92) of a plurality of indicator lights (92) on a user interface (72) of an ice making appliance (10) upon reaching a predetermined count of operations (a certain number of cycles perform, paragraphs [0023], [0034]) performed, the indicator light (92) indicating a suggested process (paragraph [0040]); and receiving an input (from controller 70) indicative of the suggested process (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided illuminating an indicator light of a plurality of indicator lights on a user interface of the ice making appliance upon reaching a predetermined count of the ice making operations performed, the indicator light indicating a suggested process; and receiving an input indicative of the suggested process to the structure of Broadbent as taught by Chase in order to advantageously provide information to the user and receive input commands for operations of the appliance (see Chase, paragraph [0032]).
Berge teaches a stand alone ice maker (2) comprising an ice maker (2 has 6), the ice maker (2) comprising an auger (14), the auger (14) configured to rotate (Column 5, lines 25-42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the stand alone ice maker comprising an ice maker, the ice maker comprising and an auger within the casing, the auger configured to rotate; and wherein the suggested process is one of descaling and sanitizing each of a tubing, the ice maker, and an extruder of the stand-alone ice making appliance to the structure of Broadbent modified supra as taught by Berge in order to advantageously move the ice pieces through a chute for dispensing (see Berge, Column 5, lines 25-42).
Esch teaches a stand alone ice maker (10) comprising an ice maker (42), the ice maker comprising a casing (12) and an auger (54) within the casing (paragraph [0017]), the auger (54) configured to rotate within the casing (12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the stand alone ice maker comprising an ice maker, the ice maker comprising a casing and an auger within the casing, the auger configured to rotate within the casing to the structure of Broadbent modified supra as taught by Esch in order to advantageously provide housing for the icemaking device (see Esch, paragraphs [0017]-[0018]).
Regarding Claim 11: Broadbent modified supra fails to teach wherein the input indicative of the suggested process comprises a user input on the user interface of the ice making appliance.
Chase teaches wherein an input indicative of a suggested process (paragraphs [0032]-[0034]) comprises a user input (via 88) on a user interface (72) of an ice making appliance (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the input indicative of the suggested process comprises a user input on the user interface of the ice making appliance to the structure of Broadbent modified supra as taught by Chase in order to advantageously provide information to the user and receive input commands for operations of the appliance (see Chase, paragraph [0032]).
Regarding Claim 12: Broadbent further teaches wherein each ice making operation of the plurality of ice making operations (ice making/freeze cycles, paragraph [0027]) comprises operating a compressor (15) to circulate a refrigerant through a sealed system (10 has piping see 12) of the ice making appliance (10), the method further comprising measuring an amount of time the compressor is ON (time measured as a portion of the freeze cycle in which compressor is running, paragraph [0027]).
Regarding Claim 13: Broadbent modified supra fails to teach wherein illuminating the indicator light of the plurality of indicator lights on the user interface of the ice making appliance upon reaching the predetermined count of the ice making operations performed comprises illuminating a descale indicator light indicating a suggested descaling process.
Chase teaches illuminating an indicator light (92) of a plurality of indicator lights (paragraph [0034]) on a user interface (72) of an ice making appliance (10) upon reaching a predetermined count of ice making operations (paragraph [0037]) performed comprises illuminating a descale indicator light (92) indicating a suggested descaling process (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light of the plurality of indicator lights on the user interface of the ice making appliance upon reaching the predetermined count of the ice making operations performed comprises illuminating a descale indicator light indicating a suggested descaling process to the structure of Broadbent modified supra as taught by Chase in order to advantageously alert the user of the need to conduct an activation of a process (see Chase, paragraph [0040]).
Regarding Claim 14: Broadbent further teaches wherein monitoring the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises comparing the measured amount of time the compressor (15) is ON to a threshold amount of time the compressor is ON (comparisons of cycles and monitoring times to complete harvest after ice making cycles in order to recommend descaling of the ice maker, paragraph [0041]), the threshold amount of time being a predetermined amount of time (paragraph [0050]).
Regarding Claim 15: Broadbent teaches wherein the predetermined count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises the threshold amount of time the compressor is ON (comparisons of cycles and monitoring times to complete harvest after ice making cycles in order to recommend descaling of the ice maker, paragraph [0041]).
Broadbent modified supra fails to teach wherein illuminating the indicator light comprises illuminating the descale indicator light upon reaching the threshold amount of time the compressor is ON.
Chase teaches wherein illuminating an indicator light (92) comprises illuminating a descale indicator light (92) upon reaching a threshold amount of time an appliance (10) is ON (pre-programmed or descale cycle, paragraph [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light comprises illuminating the descale indicator light upon reaching the threshold amount of time the compressor is ON to the structure of Broadbent modified supra as taught by Chase in order to advantageously alert the user of the need to conduct an activation of a process (see Chase, paragraph [0040]).
Regarding Claim 16: Broadbent teaches wherein the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed is indicative of an amount of time of operation (paragraphs [0050]-[0051]) of the ice making appliance (10), the method further comprising measuring the amount of time of operation (paragraph [0050]) of the ice making appliance (10).
Regarding Claim 17: Broadbent further teaches wherein monitoring the count of the ice making operations (ice making cycles/ freeze cycles, paragraph [0027]) performed comprises comparing the measured amount of time of operation (paragraphs [0050]-[0051]) of the ice making appliance (10) to a threshold amount of time of operation (paragraph [0035]) of the ice making appliance (10), the threshold amount of time being a predetermined amount of time (paragraph [0050]).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Broadbent et al. (US 2016/0334157 A1), hereafter referred to as “Broadbent,” in view of Chase et al. (US 2014/0130890 A1), hereafter referred to as “Chase,” Berge et al. (5,660,506), hereafter referred to as “Berge,” and Esch et al. (US 2003/0010054 A1), hereafter referred to as “Esch,” as applied to claims 8 and 17 above, and further in view of Tuyls et al. (US 7,762,431 B1), hereafter referred to as “Tuyls.”
Regarding Claim 9: Broadbent modified supra fails to teach wherein illuminating the indicator light comprises illuminating the sanitize indicator light upon reaching the threshold amount of time of operation of the stand-alone ice making appliance.
Tuyls teaches wherein illuminating an indicator light (step 652/660) comprises illuminating an sanitize indicator light (step 660) upon reaching a threshold amount of time of operation (completion of rinse cycle, Column 13, lines 1-3) of a stand-alone appliance (100, having refrigeration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light comprises illuminating the sanitize indicator light upon reaching the threshold amount of time of operation of the stand-alone ice making appliance to the structure of Broadbent modified supra as taught by Tuyls in order to advantageously provide indication that sanitization is needed and ready to begin at a certain time in the overall operation of the appliance (see Tuyls, Column 13, lines 1-37).
Regarding Claim 18: Broadbent modified supra fails to wherein illuminating the indicator light comprises illuminating the sanitize indicator light upon reaching the threshold amount of time of operation of the ice making appliance.
Tuyls teaches wherein illuminating an indicator light (step 652/660) comprises illuminating an sanitize indicator light (step 660) upon reaching a threshold amount of time of operation (completion of rinse cycle, Column 13, lines 1-3) of a stand-alone appliance (100, having refrigeration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein illuminating the indicator light comprises illuminating the sanitize indicator light upon reaching the threshold amount of time of operation of the ice making appliance to the structure of Broadbent modified supra as taught by Tuyls in order to advantageously provide indication that sanitization is needed and ready to begin at a certain time in the overall operation of the appliance (see Tuyls, Column 13, lines 1-37).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rodriguez et al. (US 2007/0159454 A1).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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