DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2026 has been entered.
Claim Status
Claims 1-20 are pending. Claims 1, 4, 7, 14, and 17-20 have been amended.
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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 14-15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alshourbagy et al. (US 2017/0299244 A1), hereafter referred to as “Alshourbagy.”
Regarding Claim 14: Alshourbagy teaches an ice maker (100) comprising: a liquid supply (opening of 128 to receive water, paragraphs [0050]-[0053]) configured to supply a liquid; a tray (118, 128, see Figure 4) configured to define a space of a cell (142) where the liquid is received and phase-changed to form ice (paragraphs [0050]-[0053]); a heater (112) configured to provide heat to the cell (cell 142); a tray case (104) coupled to the tray (see Figure 4); and a tray cover (116) disposed on the tray (see Figure 4), wherein the tray, the tray case and the tray cover are assembled (see Figures 4 and 11), and wherein the tray (118, 128) is disposed between the tray case and the tray cover (116), and the tray (118, 128) has a portion exposed to an outside in a state in which the tray (assembled, open state to eject ice, paragraph [0027]), the tray case (104) and the tray cover (116) are assembled (assembled, open state to eject ice, paragraph [0027]).
Regarding Claim 15: Alshourbagy teaches wherein the tray (118, 128, see Figure 4) includes: a first surface (outer surface of 104, rim of 128 rests on top, see Figure 12) covered by the tray case (104); a second surface (edge of 116 that meets 104, at edge of 128, see Figure 11) covered by the tray cover (116, see Figure 4); and a third surface connecting (rim of 104 to rim of 116) the first surface and the second surface (see Figure 11) and defining a thickness of the tray (see Figure 4), the third surface being exposed to the outside (see horizontal edge of 104 and 116 making a seam around perimeter edge of 128 in Figures 4 and 11-12).
Regarding Claim 20: Alshourbagy teaches a refrigerator (10) comprising: a cabinet (body of 10) including a storage chamber (12, 14) ; a door (16, 18) that opens and closes the storage chamber (12, 14); and the ice maker (100, paragraph [0038]) according to claim 14.
Allowable Subject Matter
Claims 1-13 and 18-19 are allowed.
Claims 16-17 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. Hara (4,910,974).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/LEN TRAN/ Supervisory Patent Examiner, Art Unit 3763