Prosecution Insights
Last updated: October 25, 2026
Application No. 18/537,399

ICE DISPENSERS

Final Rejection §103
Filed
Dec 12, 2023
Priority
Dec 13, 2022 — provisional 63/432,281
Examiner
OSWALD, KIRSTIN U
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Marmon Foodservice Technologies Inc.
OA Round
4 (Final)
59%
Grant Probability
Moderate
5-6
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
312 granted / 525 resolved
-10.6% vs TC avg
Strong +32% interview lift
Without
With
+32.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
35 currently pending
Career history
566
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 525 resolved cases

Office Action

§103
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 1-20 are pending. Claims 1, 5-7, 13, 17, and 20 have been amended. By virtue of dependency, the dependent claims are also amended in scope. Response to Arguments Applicant’s arguments with respect to claims 1-20 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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bamberger et al. (US 9,285,149 B2), hereafter referred to as “Bamberger,” Dorney (US 8,151,832 B1), and Spiess et al. (2,661,119), hereafter referred to as “Spiess.” Regarding Claim 1: Wolski teaches an ice dispenser (10) for storing and dispensing ice (functional limitation of 10), the ice dispenser (10) comprising: a holding bin (25) extending longitudinally between a first side and a second side (see Figure 2), transversely between a third side and a fourth side, and vertically between a top to a bottom (see Figure 2); a chute (slanted edge of 24) configured to guide the ice from outside the holding bin (functional limitation of 24), wherein the chute (slanted edge of 24) has an upper end and an opposite lower end (see Figure 2), and wherein the upper end of the chute extends longitudinally farther than the first side of the holding bin from the second side of the holding bin (see Figure 2); and a spout (23) operatively coupled to the holding bin (25) for dispensing ice from the holding bin (see Figure 18). Wolski fails to teach an interface comprising a display screen; the chute configured to guide the ice from outside the holding bin into the holding bin longitudinally over the interface; a lid movable between a closed position that encloses the top of the holding bin and an open position for selectively accessing the holding bin, wherein in the open position the lid at least partially covers the interface. Bamberger teaches an interface (133-134) comprising at least one of a display screen or controls, system electronics, power supplies, or control boards (133); a chute (slanted wall edge into 70, see Figure 3) configured to guide ice from outside a holding bin (69) into the holding bin (69) longitudinally over the interface (133/134, see Figure 3). 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 an interface comprising at least one of a display screen or controls, system electronics, power supplies, or control boards; the chute configured to guide the ice from outside the holding bin into the holding bin longitudinally over the interface to the structure of Wolski as taught by Bamberger in order to advantageously provide automated control to the ice bin (see Column 10, lines 31-59). Dorney teaches an interface (20) comprising a display screen (Column 1, lines 37-53). 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 an interface comprising a display screen to the structure of Wolski modified supra as taught by Dorney in order to advantageously provide information regarding the system to the user (see Dorney, Column 2, lines 13-20). Spiess teaches a lid (24) movable between a closed position (see Figure 1) that encloses a top of a holding bin (10) and an open position (see Figure 2d) for selectively accessing the holding bin (10), wherein in the open position (see Figure 2d) the lid (24) at least partially covers a vertical surface (wall 13). 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 a lid movable between a closed position that encloses the top of the holding bin and an open position for selectively accessing the holding bin, wherein in the open position the lid at least partially covers the interface to the structure of Wolski modified supra as taught by Spiess in order to advantageously provide easier access to the holding bin and retention of the lid in the open position (see Spiess, Column 1, lines 35-50). Regarding Claim 2: Wolski teaches further comprising a cold plate (26) positioned below the holding bin (25), the cold plate (25) including one or more lines (46) configured to be cooled via the ice from the holding bin (Column 8, lines 10-41). Regarding Claim 3: Wolski teaches wherein the lower end of the chute (end of slanted slope of 24) is positioned so as to be approximately vertically even with the top of the holding bin (top edge of holding space in 25 at 31). Regarding Claim 4: Wolski teaches wherein the chute (slanted edge of 24) extends between the upper end and the lower end at an angle between 20 and 60 degrees relative to the bottom of the holding bin (see cross section of Figure 2). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bamberger et al. (US 9,285,149 B2), hereafter referred to as “Bamberger,” Dorney (US 8,151,832 B1), and Spiess et al. (2,661,119), hereafter referred to as “Spiess,” as applied to claim 1 above, and further in view of Lancaster (5,950,866). Regarding Claim 10: Wolski modified fails to teach further comprising a sensor configured to determine a level of the ice within the holding bin. Lancaster teaches a sensor (43) configured to determine a level of the ice within a holding bin (Column 6, lines 15-18). 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 a sensor configured to determine a level of the ice within the holding bin to the structure of Wolski modified supra as taught by Lancaster in order to advantageously provide information regarding the amount of ice in the holding bin during the operation of use (see Lancaster, Column 6, lines 15-18). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bamberger et al. (US 9,285,149 B2), hereafter referred to as “Bamberger,” Dorney (US 8,151,832 B1), Spiess et al. (2,661,119), hereafter referred to as “Spiess,” and Lancaster (5,950,866), as applied to claim 10 above, and further in view of Hawkes et al. (US 2008/0282711 A1), hereafter referred to as “Hawkes.” Regarding Claim 11: Wolski modified supra fails to teach wherein the sensor comprises an ultrasonic sensor and/or a radar sensor. Hawkes teaches wherein a sensor (51) comprises an ultrasonic sensor (paragraph [0038]). 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 sensor comprises an ultrasonic sensor and/or a radar sensor to the structure of Wolski modified supra as taught by Hawkes in order to advantageously provide known types of level sensors from a variety of available types of sensors (see Hawkes, paragraph [0039]). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bamberger et al. (US 9,285,149 B2), hereafter referred to as “Bamberger,” Dorney (US 8,151,832 B1), Spiess et al. (2,661,119), hereafter referred to as “Spiess,” and Lancaster (5,950,866), as applied to claim 10 above, and further in view of Bertone (US 2016/0081365 A1) and Newman et al. (5,829,257), hereafter referred to as “Newman.” Regarding Claim 12: Wolski modified supra fails to teach further comprising a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the light based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin. Bertone teaches a controller (16) and a visual display (paragraph [0047]), the controller (16) being operatively connected to both a sensor (paragraph [0047]) and the visual display (paragraph [0047]), wherein the controller (16) is configured to compare the level of the ice within a holding bin (220) to a threshold level (paragraph [0047]) and to control the visual display based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin (paragraph [0047] and paragraph [0068]). 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 a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the light based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Bertone in order to advantageously provide information to users (see Bertone, paragraph [0047]). Newman teaches a visual display is a light (242, Column 5, lines 35-42). 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 a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the light based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Newman in order to advantageously provide a light to alert users to information (see Newman, Column 5, lines 35-42). Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Borg et al. (US 6,414,301), hereafter referred to as “Borg,” and Rowland et al. (3,913,343), hereafter referred to as “Rowland.” Regarding Claim 13: Wolski teaches an ice dispenser (10) for storing and dispensing ice (functional limitation), the ice dispenser (10) comprising: a holding bin (25) configured for storing ice (functional limitation), the holding bin extending vertically between a top to a bottom (see Figure 2); a spout (23) operatively coupled to the holding bin (23) for dispensing ice from the holding bin (see Figure 18). Wolski fails to teach a sensor supported by the top of the holding bin and configured to determine a level of the ice within the holding bin; and a controller and an indicator configured to generate an indicator for a user, the controller being operatively coupled to the sensor and the indicator, wherein the controller is configured to compare the level of the ice within the holding bin to a lower threshold level and an upper threshold level greater than the lower threshold level and to control the indicator based on the comparison by activating the indicator when the level is below the lower threshold level and deactivating the indicator responsive to the level being determined to be above the upper threshold level so as to indicate that the user needs to add additional ice into the holding bin. Bertone teaches a sensor (paragraph [0047]) configured to determine a level of the ice within a holding bin (220); and a controller (16) and an indicator (visual or audio alarm) configured to generate an indicator for a user (paragraph [0047]), the controller (16) being operatively coupled to the sensor (paragraph [0047]) and the indicator (paragraph [0047]), wherein the controller (16) is configured to compare the level of the ice within the holding bin to a threshold level (paragraph [0047], low ice) and to control the indicator (visual or audio alarm) based on the comparison of the level to the threshold level so as to indicate that the user needs to add additional ice into the holding bin (paragraph [0047] and paragraph [0068]). 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 a sensor configured to determine a level of the ice within the holding bin; and a controller and an indicator configured to generate an indicator for a user, the controller being operatively coupled to the sensor and the indicator, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the indicator based on the comparison of the level to the threshold level so as to indicate that the user needs to add additional ice into the holding bin to the structure of Wolski as taught by Bertone in order to advantageously provide information to users (see Bertone, paragraph [0047]). Borg teaches a sensor (32) supported by a top of a holding bin (32 is in 34 which is on top of 20 and in 30, see Figure 1). 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 a sensor supported by the top of the holding bin to the structure of Wolski modified supra as taught by Borg in order to advantageously provide the sensor in an optimal location to service and sense the ice (see Borg, Column 5, lines 22-59). Rowland teaches a controller (control means 36) is configured to compare a level of ice within a holding bin (26) to a lower threshold level (level sensed by 27) and an upper threshold level (sensed by 13) greater than the lower threshold level (see Figure 3) and to control an indicator (light 23) based on the comparison by activating the indicator when the level is below the lower threshold level (Column 4, lines 14-20) and deactivating the indicator responsive to the level being determined to be above the upper threshold level (light 23 is the empty level light). 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 controller is configured to compare the level of the ice within the holding bin to a lower threshold level and an upper threshold level greater than the lower threshold level and to control the indicator based on the comparison by activating the indicator when the level is below the lower threshold level and deactivating the indicator responsive to the level being determined to be above the upper threshold level so as to indicate that the user needs to add additional ice into the holding bin to the structure of Wolski modified supra as taught by Rowland in order to advantageously provide the sensor reading to a controller to assure correct quantity dispensing (see Rowland, abstract). Regarding Claim 14: Wolski teaches further comprising a cold plate (26) positioned below the holding bin (25), the cold plate (26) including one or more beverage lines (46) configured to be cooled via the ice from the holding bin (Column 8, lines 10-33). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Borg et al. (US 6,414,301), hereafter referred to as “Borg,” and Rowland et al. (3,913,343), hereafter referred to as “Rowland,” as applied to claim 14 above, and further in view of Hawkes et al. (US 2008/0282711 A1), hereafter referred to as “Hawkes.” Regarding Claim 15: Wolski modified supra fails to teach wherein the sensor comprises an ultrasonic sensor. Hawkes teaches wherein a sensor (51) comprises an ultrasonic sensor (paragraph [0038]). 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 sensor comprises an ultrasonic sensor to the structure of Wolski modified supra as taught by Hawkes in order to advantageously provide known types of level sensors from a variety of available types of sensors (see Hawkes, paragraph [0039]). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Borg et al. (US 6,414,301), hereafter referred to as “Borg,” and Rowland et al. (3,913,343), hereafter referred to as “Rowland,” as applied to claim 13 above, and further in view of Newman et al. (5,829,257), hereafter referred to as “Newman.” Regarding Claim 16: Wolski modified supra fails to teach wherein the indicator comprises a light emitting diode, and wherein the controller is configured to turn on the light when the level of the ice within the holding bin is below the threshold level. Newman teaches wherein an indicator (242) comprises a light emitting diode (Column 5, lines 35-42), and wherein a controller (134) is configured to turn on the light (242) when a level of ice within a holding bin (170) is below a threshold level (Column 5, lines 35-42, see Figure 3, step 316 bin not full harvest mode started). 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 indicator comprises a light emitting diode, and wherein the controller is configured to turn on the light when the level of the ice within the holding bin is below the threshold level to the structure of Wolski modified supra as taught by Newman in order to advantageously provide information to users (see Newman, Column 5, lines 35-42). Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Borg et al. (US 6,414,301), hereafter referred to as “Borg,” and Rowland et al. (3,913,343), hereafter referred to as “Rowland,” as applied to claim 13 above, and further in view of Young (KR 20140013732 A, machine translation). Regarding Claim 17: Wolski teaches further comprising a cover (16) that encloses the top of the holding bin (25). Wolski modified supra fails to teach the cover having a lid for selectively opening a portion of the cover to access the holding bin. Young teaches a cover (H1A) having a lid (H1b) for selectively opening a portion of the cover to access a holding bin (contents held in box holding 220, 221, 240, 241, 210, 250, Figure 4). 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 cover having a lid for selectively opening a portion of the cover to access the holding bin to the structure of Wolski modified supra as taught by Young in order to advantageously provide a service door to allow access to the interior to allow for service to the equipment, such as repairs to cleaning (see Young, page 6 of the machine translation). Regarding Claim 18: Wolski modified supra teaches wherein the sensor (paragraph [0047] of Bertone, placed in an ice bin 220 to be applied to 25 of Wolski) is hidden under the cover (16 of Wolski) and accessible by removal thereof (lifting 16 of Wolski). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Borg et al. (US 6,414,301), hereafter referred to as “Borg,” and Rowland et al. (3,913,343), hereafter referred to as “Rowland,” as applied to claim 13 above, and further in view of Sadinski et al. (US 2018/0094984 A1), hereafter referred to as “Sadinski.” Regarding Claim 19: Wolski modified supra fails to teach further comprising a wireless transmitter operatively coupled to the controller, wherein the controller is further configured to cause the wireless transmitter to send a signal receivable by an external device when additional ice is needed in the holding bin. Sadinski teaches a wireless transmitter (129, paragraph [0048]) operatively coupled to a controller (125, 127), wherein the controller (125, 127) is further configured to cause the wireless transmitter (129) to send a signal receivable by an external device (140, 150) when additional ice (paragraph [0005]) is needed in a holding bin (100). 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 a wireless transmitter operatively coupled to the controller, wherein the controller is further configured to cause the wireless transmitter to send a signal receivable by an external device when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Sadinski in order to advantageously provide the status of the ice bins to a user in a remote location (see Sadinski, abstract, paragraph [0002]). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wolski et al. (US 7,337,627 B2), hereafter referred to as “Wolski,” in view of Bertone (US 2016/0081365 A1), Bamberger et al. (US 9,285,149 B2), hereafter referred to as “Bamberger,” Young (KR 20140013732 A, machine translation), Newman et al. (5,829,257), hereafter referred to as “Newman,” Dorney (US 8,151,832 B1), Rowland et al. (3,913,343), hereafter referred to as “Rowland,” and Spiess et al. (2,661,119), hereafter referred to as “Spiess.” Regarding Claim 20: Wolski teaches an ice dispenser (10) for storing and dispensing ice (functional limitation of 10), the ice dispenser (10) comprising: a holding bin (25) extending longitudinally between a first side and a second side (see Figure 2), transversely between a third side and a fourth side (see Figure 2), and vertically between a top to a bottom (see Figure 2); a chute (slanted edge of 24) configured to guide the ice from outside the holding bin (functional limitation of 24), wherein the chute (slanted edge of 24) has an upper end and an opposite lower end (see Figure 2), and wherein the upper end of the chute extends longitudinally farther than the first side of the holding bin from the second side of the holding bin (see Figure 2); a cold plate (26) positioned below the holding bin (see Figure 2), the cold plate (26) including a beverage line (46) configured to be cooled via the ice from the holding bin (Column 8, lines 10-41); a spout (23) operatively coupled to the holding bin (25) for dispensing ice from the holding bin (see Figure 18); a cover (16) that encloses the top of the holding bin (see Figure 2). Wolski fails to teach an interface comprising a display screen; the chute configured to guide the ice from outside the holding bin longitudinally over the interface and into the holding bin, the cover having a lid for selectively opening a portion of the cover to access the holding bin, wherein the lid is pivotally coupled via a pair of hinge arms that remain parallel to each other as the lid is moved between a closed position in which access to the holding bin is blocked and an open position in which the holding bin is accessible, and wherein in the open position the lid at least partially covers the interface; a sensor configured to determine a level of the ice within the holding bin, wherein the sensor is hidden under the cover and accessible by removal thereof; and a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a lower threshold level and an upper threshold level greater than the lower threshold level and to control the light based on the comparison by activating the light when the level is below the lower threshold level and deactivating the light once the level is determined to be above the upper threshold level so as to indicate when additional ice is needed in the holding bin. Bamberger teaches an interface (133-134) comprising at least one of a display screen or controls, system electronics, power supplies, or control boards (133); a chute (slanted wall edge into 70, see Figure 3) configured to guide ice from outside a holding bin (69) into the holding bin (69) longitudinally over the interface (133/134, see Figure 3). 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 an interface comprising at least one of a display screen or controls, system electronics, power supplies, or control boards; the chute configured to guide the ice from outside the holding bin into the holding bin longitudinally over the interface to the structure of Wolski as taught by Bamberger in order to advantageously provide automated control to the ice bin (see Column 10, lines 31-59). Young teaches a cover (H1A including H1a and H1b) having a lid (H1b) for selectively opening a portion of the cover (H1A including H1a and H1b) to access a holding bin (see Figure 4), wherein the lid (H1b) is pivotally coupled via a pair of hinge arms (see hinges in Figure 4) that remain parallel to each other as the lid (H1b) is moved between a closed position in which access to the holding bin is blocked (see Figure 5) and an open position in which the holding bin is accessible (see Figure 4). 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 cover having a lid for selectively opening a portion of the cover to access the holding bin, wherein the lid is pivotally coupled via a pair of hinge arms that remain parallel to each other as the lid is moved between a closed position in which access to the holding bin is blocked and an open position in which the holding bin is accessible to the structure of Schroeder as taught by Young in order to advantageously provide a service door to allow access to the interior to allow for service to the equipment, such as repairs to cleaning (see Young, page 6 of the machine translation). Bertone teaches a sensor (paragraph [0047]) configured to determine a level of the ice within a holding bin (220, paragraph [0047]), wherein the sensor (paragraph [0047]) is hidden under a cover (226) and accessible by removal thereof (functional limitation, paragraphs [0044] and [0047]); a controller (16) and a visual display (paragraph [0047]), the controller (16) being operatively connected to both a sensor (paragraph [0047]) and the visual display (paragraph [0047]), wherein the controller (16) is configured to compare the level of the ice within a holding bin (220) to a threshold level (paragraph [0047]) and to control the visual display based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin (paragraph [0047] and paragraph [0068]). 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 a sensor configured to determine a level of the ice within the holding bin, wherein the sensor is hidden under the cover and accessible by removal thereof; a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the light based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Bertone in order to advantageously provide information to users (see Bertone, paragraph [0047]). Newman teaches a visual display is a light (242, Column 5, lines 35-42). 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 a controller and a light, the controller being operatively connected to both the sensor and the light, wherein the controller is configured to compare the level of the ice within the holding bin to a threshold level and to control the light based on the comparison of the level to the threshold level so as to indicate when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Newman in order to advantageously provide a light to alert users to information (see Newman, Column 5, lines 35-42). Dorney teaches an interface (20) comprising a display screen (Column 1, lines 37-53). 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 an interface comprising a display screen to the structure of Wolski modified supra as taught by Dorney in order to advantageously provide information regarding the system to the user (see Dorney, Column 2, lines 13-20). Spiess teaches a lid (24) movable between a closed position (see Figure 1) that encloses a top of a holding bin (10) and an open position (see Figure 2d) for selectively accessing the holding bin (10), wherein in the open position (see Figure 2d) the lid (24) at least partially covers a vertical surface (wall 13). 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 a lid movable between a closed position that encloses the top of the holding bin and an open position for selectively accessing the holding bin, and wherein in the open position the lid at least partially covers the interface to the structure of Wolski modified supra as taught by Spiess in order to advantageously provide easier access to the holding bin and retention of the lid in the open position (see Spiess, Column 1, lines 35-50). Rowland teaches a controller (control means 36) is configured to compare a level of ice within a holding bin (26) to a lower threshold level (level sensed by 27) and an upper threshold level (sensed by 13) greater than the lower threshold level (see Figure 3) and to control a light (light 23) based on the comparison by activating the light when the level is below the lower threshold level (Column 4, lines 14-20) and deactivating the light once the level is determined to be above the upper threshold level (light 23 is the empty level light). 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 controller is configured to compare the level of the ice within the holding bin to a lower threshold level and an upper threshold level greater than the lower threshold level and to control the light based on the comparison by activating the light when the level is below the lower threshold level and deactivating the light once the level is determined to be above the upper threshold level so as to indicate when additional ice is needed in the holding bin to the structure of Wolski modified supra as taught by Rowland in order to advantageously provide the sensor reading to a controller to assure correct quantity dispensing (see Rowland, abstract). Allowable Subject Matter Claims 5-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form and amended without any patentably significant broadening of the claims and including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Conti (3,605,430). 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. 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, 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. 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. /KIRSTIN U OSWALD/Examiner, Art Unit 3763 /ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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Prosecution Timeline

Show 4 earlier events
Mar 06, 2026
Response after Non-Final Action
Apr 07, 2026
Request for Continued Examination
Apr 22, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §103
Sep 09, 2026
Applicant Interview (Telephonic)
Sep 09, 2026
Examiner Interview Summary
Sep 14, 2026
Response Filed
Oct 01, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12766908
ELECTRIFIED VEHICLE WITH BIASED CONTROL OF HEATING SOURCES
3y 8m to grant Granted Oct 20, 2026
Patent 12768583
DIRECT-COOLING TUBE AND WATER REFRIGERATING DEVICE OF ATMOSPHERIC WATER GENERATOR
2y 7m to grant Granted Oct 20, 2026
Patent 12753962
ICE MAKER APPLIANCE WITH AUTOMATIC SHUT OFF FEATURES
3y 4m to grant Granted Oct 06, 2026
Patent 12747023
Apparatus for Controlling Temperature and Pressure of Aircraft
3y 1m to grant Granted Sep 29, 2026
Patent 12742576
EJECTOR AND REFRIGERATION SYSTEM HAVING THE SAME
2y 4m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
59%
Grant Probability
92%
With Interview (+32.1%)
3y 2m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 525 resolved cases by this examiner. Grant probability derived from career allowance rate.

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