DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
This Office Action is in response to the remarks and amendments filed on 05/29/2026. The previous 35 USC 112 rejections have been withdrawn. Claims 1-3 and 5-21 remain pending for consideration.
Claim Rejections - 35 USC § 112
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 1-3 and 5 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.
Claim 1 recites the limitation “the transparency of the ice” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “the transparency of the ice” will be interpreted as -- a transparency of the ice --
Claims 2-3 and 5 are 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 1-2, 6, 8-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi et al. (JPH01181062A, herein after referred to as Ohashi) in view of Sasagawa et al. (JP2013170756A, herein after referred to as Sasagawa).
Regarding claim 1, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising: a cell (see below annotated Fig. 3 of Ohashi) in which a liquid (disclosed “water” in paragraph [11]) is phase-changed into ice (paragraph [11]); a tray (ice tray 9 Fig. 3) having a wall (see below annotated Fig. 3 of Ohashi) defining at least a portion of the cell (bottom portion of the cell Fig. 3); a heater (heater 11 Fig. 3) provided to supply heat to the cell (paragraph [11]); and a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control the heater (paragraph [11]), wherein the controller controls the heater to provide heat to the cell (paragraph [11]) to increase a transparency of the ice (paragraph [7]) , in at least a partial period (corresponds to period during which “clear ice-making operations” is occurring in paragraph [11]), while cold is supplied to the cell (paragraph [11]), wherein, when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during an ice making process (disclosed “ice making operation” in paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]), the defrosting process including a first process (corresponds to when defrost heater 17 Fig. 1 is energized as disclosed in paragraph [11]) in which a defrosting heater (defrost heater 17 Fig. 1) is operated (paragraph [11]).
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Ohashi teaches the invention as described above but fails to explicitly teach “wherein the controller reduces a heating amount of the heater in at least a period that the defrosting heater is operated”.
However, Sasagawa teaches wherein a controller (the disclosed “heater power stopping means” in paragraph [0027] correspond to the controller of Ohashi) reduces a heating amount of a heater (Fig. 4 where the “heater” disclosed in paragraph [0015] corresponds to the heater of Ohashi) in at least a period (defrosting state t2 to t3 Fig. 4) that a defrosting heater (the disclosed “defrost heater” in paragraph [0030] corresponds to the defrosting heater of Ohashi) is operated (Fig. 4) to achieve power saving (paragraph [0031]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Ohashi to include “wherein the controller reduces a heating amount of the heater in at least a period that the defrosting heater is operated” in view of the teachings of Sasagawa to achieve power saving.
Regarding claim 2, the combined teachings teach wherein the controller controls the heating amount of the heater so that the heating amount of the heater after an operation of the defrosting heater (corresponds to the operation of the defrost heater of Sasagawa between t2 and t2.5 Fig. 4 of Sasagawa) is less than the heating amount of the heater before the operation of the defrosting heater (Fig. 4 of Sasagawa where heater goes from Wm to Wj).
Regarding claim 6, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising: a cell (see below annotated Fig. 3 of Ohashi) in which a liquid (disclosed “water” in paragraph [11]) is phase-changed into ice (paragraph [11]); a tray (ice tray 9 Fig. 3) having a wall (see below annotated Fig. 3 of Ohashi) defining at least a portion of the cell (bottom portion of the cell Fig. 3); a cooler (cooler 4 Fig. 3) configured to supply cold into the cell (paragraph [7]); a heater (heater 11 Fig. 3) provided to supply heat to the cell (paragraph [11]); and a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control the heater (paragraph [11]), wherein the controller controls the heater to provide heat to the cell (paragraph [11]), in at least a partial period (corresponds to period during which “clear ice-making operations” is occurring in paragraph [11]), while the cooler supplies the cold (paragraph [11]) such that an ice making rate (disclosed “freezing rate” in paragraph [7]) in the cell is reduced (paragraph [7]), wherein, when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during an ice making process (disclosed “ice making operation” in paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]).
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Ohashi teaches the invention as described above but fails to explicitly teach “the defrosting process including a first process in which a cooling power of the cooler is reduced, and wherein the controller reduces a heating amount of the heater, in at least a period when the cooling power of the cooler is reduced”.
However, Sasagawa teaches a defrosting process (the disclosed “defrosting state” in paragraph [0020] corresponds to the defrosting process of Ohashi) including a first process (corresponds to the process taking place between t2.5 and t3 Fig. 4 and paragraph [0030]) in which a cooling power of a cooler (the cooling power of the cooler of refrigerator 1 Fig. 1 where a person skilled in the art would recognize that refrigerator 1 is provided with at least one cooler to cool freezer compartment 15) is reduced (Fig. 4 where in the period between t2 and t3, the temperature of freezer compartment 15 increases), and wherein a controller (the disclosed “heater power stopping means” in paragraph [0027] correspond to the controller of Ohashi) reduces a heating amount of a heater (Fig. 4 where the “heater” disclosed in paragraph [0015] corresponds to the heater of Ohashi), in at least a period (second half of the defrosting state t2.5 to t3 Fig. 4) when the cooling power of the cooler is reduced (Fig. 4) to achieve power saving (paragraph [0031]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Ohashi to include “the defrosting process including a first process in which a cooling power of the cooler is reduced, and wherein the controller reduces a heating amount of the heater, in at least a period when the cooling power of the cooler is reduced” in view of the teachings of Sasagawa to achieve power saving.
Regarding claim 8, the combined teachings teach wherein the defrosting process further includes a post-defrosting process (disclosed “defrosting recovery” in paragraph [0020] of Sasagawa), which is performed after the first process (Fig. 4 of Sasagawa), wherein when the post-defrosting process starts, the cooling power of the cooler is increased (Fig. 4 of Sasagawa where at t3 the temperature of freezer compartment 15 decreases), and wherein the controller increases the heating amount of the heater (Fig. 4 of Sasagawa where the output of the heater goes from wj to wn at t3), in at least a partial period (t3 to t4 Fig. 4 of Sasagawa) when the cooling power of the cooler is increased (Fig. 4 of Sasagawa).
Regarding claim 9, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising: a cell (see below annotated Fig. 3 of Ohashi) in which a liquid (disclosed “water” in paragraph [11]) is phase-changed into ice (paragraph [11]); a tray (ice tray 9 Fig. 3) having a wall (see below annotated Fig. 3 of Ohashi) defining at least a portion of the cell (bottom portion of the cell Fig. 3); a heater (heater 11 Fig. 3) provided to supply heat to the cell (paragraph [11]) in an ice making process (disclosed “ice making operation” in paragraph [11]); and a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control the heater (paragraph [11]), wherein when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during the ice making process (paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]).
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Ohashi teaches the invention as described above but fails to explicitly teach “wherein the controller reduces a heating amount of the heater, in at least a period when the defrosting process is performed”.
However, Sasagawa teaches wherein a controller (the disclosed “heater power stopping means” in paragraph [0027] correspond to the controller of Ohashi) reduces a heating amount of a heater (Fig. 4 where the “heater” disclosed in paragraph [0015] corresponds to the heater of Ohashi) in at least a period (defrosting state t2 to t3 Fig. 4) when a defrosting process (the disclosed “defrosting state” in paragraph [0020] corresponds to the defrosting process of Ohashi) is performed (Fig. 4) to achieve power saving (paragraph [0031]).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Ohashi to include “wherein the controller reduces a heating amount of the heater, in at least a period when the defrosting process is performed” in view of the teachings of Sasagawa to achieve power saving.
Regarding claim 11, the combined teachings teach further comprising a cooler (cooler 4 Fig. 4 of Ohashi) including at least an evaporator (Fig. 4 of Ohashi).
Regarding claim 12, the combined teachings teach wherein the heater is configured to be operated in at least a period (corresponds to period during which “clear ice-making operations” is occurring in paragraph [11] of Ohashi) when the ice making process is performed (paragraph [11] and Fig. 2 of Ohashi).
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi and Sasagawa as applied to claims 1 and 6 above, and further in view of Song et al. (US 20200340726 A1, herein after referred to as Song).
Regarding claim 3, the combined teachings teach further comprising a cooler (cooler 4 Fig. 3 of Ohashi) configured to supply cold into the cell (paragraph [7] of Ohashi), wherein the defrosting process further includes a pre-defrosting process (disclosed “pre-defrosting chilling” in paragraph [0021] of Sasagawa), which is performed before start of the first process (Fig. 4 and paragraph [0020] of Sasagawa where the disclosed “defrosting state” corresponds to the first process of Ohashi), wherein when the pre-defrosting process starts, a cooling power of the cooler is increased (paragraph [0021] to [0022] and Fig. 4 of Sasagawa).
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heating amount of the heater is increased, in at least a partial period when the cooling power of the cooler is increased”.
However, Song teaches wherein a heating amount of a heater (the heating amount of heater 120 and heating rod 133 Fig. 6 corresponds to the heating amount of the heater of Ohashi) is increased (paragraph [0150] and Fig. 23), in at least a partial period (Third Period Fig. 23) when a cooling power of a cooler (the output of ice making fans 37 and 47 Fig. 20 and paragraph [0150] corresponds to the cooling power of the cooler of Ohashi) is increased (paragraph [0150] and Fig. 23) to efficiently control the rate of change of temperature of the ice making container (paragraph [0150]).
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 heating amount of the heater is increased, in at least a partial period when the cooling power of the cooler is increased” in view of the teachings of Song to efficiently control the rate of change of temperature of the ice making container.
Regarding claim 7, the combined teachings teach wherein the defrosting process further includes a pre-defrosting process (disclosed “pre-defrosting chilling” in paragraph [0021] of Sasagawa), which is performed before start of the first process (period between t1 and t2 Fig. 4 of Sasagawa), wherein when the pre-defrosting process starts, the cooling power of the cooler is increased (Fig. 4 of Sasagawa where at t1 the temperature of freezer compartment 15 decreases).
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heating amount of the heater is increased, in at least a partial period when the cooling power of the cooler is increased”.
However, Song teaches wherein a heating amount of a heater (the heating amount of heater 120 and heating rod 133 Fig. 6 corresponds to the heating amount of the heater of Ohashi) is increased (paragraph [0150] and Fig. 23), in at least a partial period (Third Period Fig. 23) when a cooling power of a cooler (the output of ice making fans 37 and 47 Fig. 20 and paragraph [0150] corresponds to the cooling power of the cooler of Ohashi) is increased (paragraph [0150] and Fig. 23) to efficiently control the rate of change of temperature of the ice making container (paragraph [0150]).
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 heating amount of the heater is increased, in at least a partial period when the cooling power of the cooler is increased” in view of the teachings of Song to efficiently control the rate of change of temperature of the ice making container.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi and Sasagawa as applied to claims 1 and 9 above, and further in view of Kato et al. (JPH10197127A, herein after referred to as Kato).
Regarding claim 5, the combined teachings teach wherein the controller controls the defrosting heater to be turned off (paragraph [7] of Ohashi), when a defrosting ending condition (when “temperature sensor 18 reaches a predetermined temperature” as disclosed in paragraph [7] of Ohashi) is satisfied.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller increases the heating amount of the heater, in at least a period that the defrosting heater is not operated”.
However, Kato teaches wherein a controller (control board 2 Fig. 1 corresponds to the controller of Ohashi) increases a heating amount of a heater (paragraph [0009] and Fig. 4 where it is disclosed that heater pipe 18 which corresponds to the heater of Ohashi goes from 67% to 100% every 10 minutes after the defrost heater is turned off), in at least a period (corresponds to when the defrost heater is off Fig. 4) that a defrosting heater (disclosed “defrost heater” in paragraph [0009] corresponds to the defrost heater of Ohashi) is not operated (Fig. 4) to remove frost and ice particles (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 “wherein the controller increases the heating amount of the heater, in at least a period that the defrosting heater is not operated” in view of the teachings of Kato to remove frost and ice particles.
Regarding claim 10, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the controller increases the heating amount of the heater, in at least another period when the defrosting process is performed”.
However, Kato teaches wherein a controller (control board 2 Fig. 1 corresponds to the controller of Ohashi) increases a heating amount of a heater (Fig. 4 where the output of heater pipe 18 which corresponds to the heater of Ohashi is increased to be set at 100% during the first defrosting operation), in at least another period (the entirety of the first defrosting operation Fig. 4) when the defrosting process is performed (Fig. 4) as an initial setup during the 48 hours defrosting cycle (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 “wherein the controller increases the heating amount of the heater, in at least another period when the defrosting process is performed” in view of the teachings of Kato as an initial setup during the 48 hours defrosting cycle.
Claims 13-14 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi and Sasagawa as applied to claim 9 above, and further in view of Son et al. (US 20130014536 A1, herein after referred to as Son).
Regarding claim 13, the combined teachings teach wherein the heater is configured to be turned on when a turn-on condition of the heater (when ice-making switch 16 Fig. 1 and paragraph [11] of Ohashi is turned on) is satisfied, and to supply heat to the cell to make a transparent ice (disclosed “clear ice” in paragraph [11] of Ohashi).
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the liquid starts to be supplied to the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell, and wherein, before a heater (lower ice separation heater 565 Fig. 24 corresponds to the heater of Ohashi) is turned on (paragraph [0134]), the second tray is configured to be moved to a position (the position illustrated in Fig. 9) at which a liquid (the disclosed “water” in paragraph [0082] corresponds to the liquid of Ohashi) starts to be supplied to the cell (Fig. 9 and paragraph [0134]) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the liquid starts to be supplied to the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
Regarding claim 14, the combined teachings teach wherein the heater is configured to supply the heat to the cell in at least a partial section (lower section of ice tray 9 Fig. 3 and paragraph [11] of Ohashi) while cold is supplied to the cell (paragraph [11] of Ohashi).
Regarding claim 20, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein the ice maker further comprises a first tray case, at least a portion of the first tray case surrounding the first tray, and a second tray case formed as a separate component to the second tray”.
However, Son teaches wherein a tray (recessed part 113 and tray body 123 Fig. 3 correspond to the tray of Ohashi) includes a first tray (recessed part 113 Fig. 3) defining a first portion of a wall (corresponds to the upper portion of the wall forming the cell Fig. 3) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (tray body 123 Fig. 3 ) defining a second portion of the wall (corresponds to the lower portion of the wall forming the cell Fig. 3) for providing the cell (Fig. 3), and wherein the ice maker further comprises a first tray case (tray part 112 Fig. 3), at least a portion of the first tray case (corresponds to the entirety of tray part 112 Fig. 4) surrounding the first tray (Fig. 4), and a second tray case (tray case 121 Fig. 3) formed as a separate component to the second tray (Fig. 3) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein the ice maker further comprises a first tray case, at least a portion of the first tray case surrounding the first tray, and a second tray case formed as a separate component to the second tray” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
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 firs tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the firs tray” does anything more than produce the predictable result of providing a protective cover for the first tray. Since it has been held that the use of a two piece construction instead of a one piece construction has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. B, 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 Son and meet the claimed limitations in order to produce the predictable results of providing a protective cover for the first tray.
Regarding claim 21, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein the ice maker further comprises a first tray case in contact with the first tray to support at least a portion of the first tray”.
However, Son teaches a tray (recessed part 113 and tray body 123 Fig. 3 correspond to the tray of Ohashi) includes a first tray (recessed part 113 Fig. 3) defining a first portion of a wall (corresponds to the upper portion of the wall forming the cell Fig. 3) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (tray body 123 Fig. 3 ) defining a second portion of the wall (corresponds to the lower portion of the wall forming the cell Fig. 3) for providing the cell (Fig. 3), and wherein the ice maker comprises a first tray case (tray part 112 Fig. 3) in contact with the first tray (Figs. 3-4) to support at least a portion of the first tray (outer circumferential portion of recessed part 113 Figs. 3-4) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein the ice maker further comprises a first tray case in contact with the first tray to support at least a portion of the first tray” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
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 firs tray”.
However, Applicant has not disclosed that having “the first tray case formed as a separate component to the firs tray” does anything more than produce the predictable result of providing a protective cover for the first tray. Since it has been held that the use of a two piece construction instead of a one piece construction has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 V. B, 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 Son and meet the claimed limitations in order to produce the predictable results of providing a protective cover for the first tray.
Claims 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ohashi and Sasagawa as applied to claim 9 above, and further in view of Son and Kakimoto et al. (JPH0674624A, herein after referred to as Kakimoto).
Regarding claim 15, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the liquid starts to be supplied to the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell, and wherein, before a heater (lower ice separation heater 565 Fig. 24 corresponds to the heater of Ohashi) is turned on (paragraph [0134]), the second tray is configured to be moved to a position (the position illustrated in Fig. 9) at which a liquid (the disclosed “water” in paragraph [0082] corresponds to the liquid of Ohashi) starts to be supplied to the cell (Fig. 9 and paragraph [0134]) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the liquid starts to be supplied to the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced”.
However, Kakimoto teaches wherein a heater (heater 20 Fig. 3 corresponds to the heater of Ohashi) is configured to be turned on when a turn-on condition of the heater (the completion of step 5 in paragraph [0018]) is satisfied, and to transfer heat to a cell (blocks 9 Fig. 13 correspond to the cell of Ohashi) such that an ice making rate (disclosed “formation of ice” in paragraph [0018]) in the cell is reduced (paragraph [0018]) to release bubbles contained in the water (paragraph [0018]).
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 heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced” in view of the teachings of Kakimoto to release bubbles contained in the water.
Regarding claim 16, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell (Fig. 24) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to supply heat to the cell to make a transparent ice, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the transparent ice is generated in the cell”.
However, Kakimoto teaches wherein a heater (heater 20 Fig. 3 corresponds to the heater of Ohashi) is configured to be turned on when a turn-on condition of the heater (the completion of step 5 in paragraph [0018]) is satisfied, and to supply heat to the cell to make a transparent ice (paragraph [0018]), and wherein, before the heater is turned on, a second tray (ice tray 8 Fig. 3 corresponds to the second tray of Son) is configured to be moved to a position (the position illustrated in Fig. 9A) at which the transparent ice is generated in the cell (paragraph [0018]) to release bubbles contained in the water (paragraph [0018]).
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 heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to supply heat to the cell to make a transparent ice, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the transparent ice is generated in the cell” in view of the teachings of Kakimoto to release bubbles contained in the water.
Regarding claim 17, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell (Fig. 24) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the transparent ice is generated in the cell”.
However, Kakimoto teaches wherein a heater (heater 20 Fig. 3 corresponds to the heater of Ohashi) is configured to be turned on when a turn-on condition of the heater (the completion of step 5 in paragraph [0018]) is satisfied, and to transfer heat to a cell (blocks 9 Fig. 13 correspond to the cell of Ohashi) such that an ice making rate (disclosed “formation of ice” in paragraph [0018]) in the cell is reduced (paragraph [0018]), and wherein, before the heater is turned on, a second tray (ice tray 8 Fig. 3 corresponds to the second tray of Son) is configured to be moved to a position (the position illustrated in Fig. 9A) at which the transparent ice is generated in the cell (paragraph [0018]) to release bubbles contained in the water (paragraph [0018]).
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 heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced, and wherein, before the heater is turned on, the second tray is configured to be moved to a position at which the transparent ice is generated in the cell” in view of the teachings of Kakimoto to release bubbles contained in the water.
Regarding claim 18, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell (Fig. 24) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to supply heat to the cell to make a transparent ice, wherein the heater is turned off when a turn-off condition of the heater is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction so as to take the ice out of the cell”.
However, Kakimoto teaches wherein a heater (heater 20 Fig. 3 corresponds to the heater of Ohashi) is configured to be turned on when a turn-on condition of the heater (the completion of step 5 in paragraph [0018]) is satisfied, and to supply heat to the cell to make a transparent ice (paragraph [0018]), wherein the heater is turned off when a turn-off condition of the heater (when the measured temperature is “equal to or lower than the ice making completion temperature of -13.5 ° C” as disclosed in paragraph [0019]) is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction (paragraph [0021] and Figs. 9A-9C) so as to take the ice out of the cell (paragraph [0021]) to release all the ice in the ice tray (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 heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to supply heat to the cell to make a transparent ice, wherein the heater is turned off when a turn-off condition of the heater is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction so as to take the ice out of the cell” in view of the teachings of Kakimoto to release all the ice in the ice tray.
Regarding claim 19, the combined teachings teach the invention as described above but fail to explicitly teach “wherein the tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell”.
However, Son teaches wherein a tray (upper tray 510 and lower tray 520 Fig. 24 correspond to the tray of Ohashi) includes a first tray (upper tray 510 Fig. 24) defining a first portion of a wall (corresponds to the upper wall portion of the cell Fig. 24) for providing a cell (the disclosed “shell” in paragraph [0130] corresponds to the cell of Ohashi), and a second tray (lower tray 520 Fig. 24) defining a second portion of the wall (corresponds to the lower wall portion of the cell Fig. 24) for providing the cell (Fig. 24) to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice (paragraph [0076]).
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 tray includes a first tray defining a first portion of the wall for providing the cell, and a second tray defining a second portion of the wall for providing the cell” in view of the teachings of Son to provide an upper and lower tray which are closely attached to form a globular or spherical shape in an inner surface thereof, thereby generating a globular or spherical ice.
The combined teachings teach the invention as described above but fail to explicitly teach “wherein the heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced, wherein the heater is turned off when a turn-off condition of the heater is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction so as to take the ice out of the cell”.
However, Kakimoto teaches wherein a heater (heater 20 Fig. 3 corresponds to the heater of Ohashi) is configured to be turned on when a turn-on condition of the heater (the completion of step 5 in paragraph [0018]) is satisfied, and to transfer heat to a cell (blocks 9 Fig. 13 correspond to the cell of Ohashi) such that an ice making rate (disclosed “formation of ice” in paragraph [0018]) in the cell is reduced (paragraph [0018]), wherein the heater is turned off when a turn-off condition of the heater (when the measured temperature is “equal to or lower than the ice making completion temperature of -13.5 ° C” as disclosed in paragraph [0019]) is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction (paragraph [0021] and Figs. 9A-9C) so as to take the ice out of the cell (paragraph [0021]) to release all the ice in the ice tray (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 heater is configured to be turned on when a turn-on condition of the heater is satisfied, and to transfer heat to the cell such that an ice making rate in the cell is reduced, wherein the heater is turned off when a turn-off condition of the heater is satisfied, and wherein, after the heater is turned off, the second tray is configured to be moved in a direction so as to take the ice out of the cell” in view of the teachings of Kakimoto to release all the ice in the ice tray.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 6 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.
Applicant's arguments filed on 05/29/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments on pages 14-16 that that Sasagawa does not relate to “a heater provided to supply heat for transparent ice making” as disclosed in claim 1, Applicant is reminded that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For clarity purposes, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control a heater (heater 11 Fig. 3 and paragraph [11]), wherein the controller controls the heater to provide heat to a cell (paragraph [11]) to increase a transparency of the ice (paragraph [7]), and wherein, when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during an ice making process (disclosed “ice making operation” in paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]).
The apparatus of Ohashi is modified by the teachings of Sasagawa to include the functionality of a controller (the disclosed “heater power stopping means” in paragraph [0027]) that reduces a heating amount of a heater (Fig. 4 where the “heater” disclosed in paragraph [0015] corresponds to the heater) in at least a period (defrosting state t2 to t3 Fig. 4) that a defrosting heater (the disclosed “defrost heater” in paragraph [0030] corresponds to the defrosting heater) is operated (Fig. 4) to achieve power saving (paragraph [0031]).
Therefore, Applicant’s arguments are not persuasive and the rejections are maintained.
Regarding Applicant’s arguments on pages 17-18 that a person skilled in the art would not combine the teachings of Ohashi with that of Sasagawa, the Examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Sasagawa teaches a system which includes a heater, a defrosting heater, and a controller that reduces the heating amount of the heater during a defrosting process when the defrosting heater is operating (see Fig. 4) to achieve power saving (paragraph [0031]). Although the heater disclosed by Sasagawa is not a transparent ice heater, Sasagawa overall solution is to provide a system that reduces power consumption during a defrosting process by reducing the heating amount of the heater. Therefore, a person skilled in the art would be motivated to modify the transparent ice heater of Ohashi in view of the teachings of Sasagawa to include the functionality of reducing the heating amount of the transparent ice heater during a defrosting process when a defrosting heater is operating to save power consumption.
Therefore, Applicant’s arguments are not persuasive and the rejections are maintained.
Regarding Applicant’s arguments on page 18 that Song does not teach or suggest “the heating amount of the heater being increased, in at least a partial period when the cooling power of the cooler is increased during a pre-defrosting process” as disclosed in claims 3 and 7, Applicant is reminded that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For clarity purposes, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control a heater (heater 11 Fig. 3 and paragraph [11]), and when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during an ice making process (disclosed “ice making operation” in paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]).
The apparatus of Ohashi is modified by the teachings of Sasagawa to include a pre-defrosting process (disclosed “pre-defrosting chilling” in paragraph [0021] of Sasagawa), wherein when the pre-defrosting process starts, the cooling power of the cooler is increased (Fig. 4 of Sasagawa where at t1 the temperature of freezer compartment 15 decreases).
The apparatus of Ohashi is further modified by the teachings of Song to include a heating amount of a heater (the heating amount of heater 120 and heating rod 133 Fig. 6 corresponds to the heating amount of the heater) is increased (paragraph [0150] and Fig. 23), in at least a partial period (Third Period Fig. 23) when a cooling power of a cooler (the output of ice making fans 37 and 47 Fig. 20 and paragraph [0150] corresponds to the cooling power) is increased (paragraph [0150] and Fig. 23) to efficiently control the rate of change of temperature of the ice making container (paragraph [0150]).
Furthermore, it is noted that the features upon which Applicant relies (i.e., the controller reduces a heating amount of the heater to increase the transparency of the ice) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, Applicant’s arguments are not persuasive and the rejections are maintained.
Regarding Applicant’s arguments on page 19 that Kato does not teach or suggest “the controller increases the heating amount of the heater, in at least another period when the defrosting process is performed in the context, that the heating amount is also reduced during the period when the defrosting process is performed during ice making” as disclosed in claim 10, Applicant is reminded that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For clarity purposes, Ohashi teaches an ice maker (ice making device 35 Fig. 3) comprising a controller (disclosed “control device” in paragraph [11] and Fig. 1) configured to control a heater (heater 11 Fig. 3 and paragraph [11]), and when a defrosting start condition (corresponds to when defrost timer 28 Fig. 1 “counts up a predetermined time” as disclosed in paragraph [11]) is satisfied during an ice making process (disclosed “ice making operation” in paragraph [11]), a defrosting process (disclosed “defrosting” in paragraph [11]) is performed (paragraph [11]).
The apparatus of Ohashi is modified by the teachings of Sasagawa to include a controller (the disclosed “heater power stopping means” in paragraph [0027] correspond to the controller) that reduces a heating amount of a heater (Fig. 4 where the “heater” disclosed in paragraph [0015] corresponds to the heater) in at least a period (defrosting state t2 to t3 Fig. 4) that a defrosting heater (the disclosed “defrost heater” in paragraph [0030] corresponds to the defrosting heater) is operated (Fig. 4) to achieve power saving (paragraph [0031]).
The apparatus of Ohashi is further modified by the teachings of Kato to include wherein a controller (control board 2 Fig. 1) that increases a heating amount of a heater (Fig. 4 where the output of heater pipe 18 which corresponds to the heater is increased to be set at 100% during the first defrosting operation), in at least another period (the entirety of the first defrosting operation Fig. 4) when the defrosting process is performed (Fig. 4) as an initial setup during the 48 hours defrosting cycle (paragraph [0009]).
Therefore, Applicant’s arguments are not persuasive and the rejections are maintained.
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 SAMBA NMN GAYE whose telephone number is (571)272-8809. The examiner can normally be reached Monday-Thursday 4:30AM to 2:30PM.
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/SAMBA NMN GAYE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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