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 .
Response to Arguments
Applicant’s arguments, see p. 3, filed 12/15/2025, with respect to the rejection(s) of claim(s) 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gaston (US Patent No. 7,905,200) teaching a battery powered auger as evidenced in the rejection below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giles (US Patent No. 6,758,047), and further in view of Gaston (US Patent No. 7,905,200).
Re: Claims 1, Giles discloses the claimed invention including a device for delivering ice in an ice chest (12) without opening a lid of the ice chest comprising: a) the ice chest having a lid (13) and interior bottom (Fig. 2, Col. 2, lines 62-67, chest with lid and bottom); and b) an electrically powered auger (22, 26) positioned at the interior bottom of the ice chest (Fig. 2, Col. 41-45, auger for moving ice to exit out the side) and entirely within the ice chest for delivering ice within the interior bottom of the ice chest (Fig. 2 depicts auger entirely inside) out a side of the ice chest wherein the ice cubes in the ice chest can be removed from the interior of the container (Fig. 1, Col. 3, lines 46-53, electronically powered auger by motor for removing ice) except for the auger expressly using battery power However, Gaston teaches powering a motor (as found in Giles) with either a battery (66) or plug (30)(Figs. 3 and 9, Col. 5 & 6, lines 61-64, 35-39, battery powered pump drawing fluid through a narrow inlet functioning as a preliminary filter).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include battery powered auger as taught by Gaston, since Gaston states in column 6, lines 37-39 that such a modification is capable of being lightest in weight and most portable while maintaining motor control over dispensing ice.
Re: Claims 6, Giles discloses the claimed invention including the container has a lid (13) (Col. 2, lines 62-65, lid).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giles (US Patent No. 6,758,047) and Gaston (US Patent No. 7,905,200) as applied to claim 1 above, and further in view of Mullins, Jr. (US Patent No. 4,252,002).
Re: Claim 2, Giles discloses the claimed invention including a cover (18) for the place (14) ice exits (Fig. 2) from except for expressly stating it closes. However, Mullins teaches the side can be closed (73) (Fig. 3 Col. 4, lines 56-60, closes exit).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include closing the ice outlet as taught by Mullins, since such a modification would prevent external contaminants from entering the ice chest as well as warmer air from pervading into the exit hastening the melting of the ice.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giles (US Patent No. 6,758,047) and Gaston (US Patent No. 7,905,200) as applied to claim 1 above, and further in view of Turner (US Patent No. 9,951,986).
Re: Claims 3-4, Giles discloses the claimed invention except for a pump for melted ice. However, Turner teaches battery (111) powered pump (112) for removing filtered (114) melted ice to as outside of the container(Figs. 4 and 6, Col. 3 & 4, lines 2-8, 2-4, battery powered pump drawing fluid through a narrow inlet functioning as a preliminary filter), such that the melted ice is stored and filter below the exit (Fig. 3 & 6 depict the melted ice positioned below the lower most spot where ice is store thus underneath any exit)
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a pump for removing melted water as taught by Turner, since Turner states in column 3, lines 31-33 that such a modification refreezes the accumulated water delivered to it by the water pump into ice cubes and to return these ice cubes to the ice chest, such that minimal water is ever wasted.
Conclusion
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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754