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 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 1-17 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.
Regarding claim 1, the limitation “a front wall facing the front surface of the door of the ice-making compartment wall” is not clear about what element of the refrigerator comprises the front wall and how it relates to the ice maker and the door. For purposes of this office action the claim will be interpreted as if the front wall facing the front surface of the door of the ice making compartment wall is a wall or surface of the ice making compartment recited in line 10. Appropriate correction is required.
Claim 1 recites the limitation "the door of the ice-making compartment wall" in line 17. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-7, 14, 15 & 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US patent application publication 2011/0146323).
Regarding claim 1, as best understood, Choi discloses a refrigerator comprising: a cabinet (10) comprising a storage space (102); a door (12) configured to open or close the storage space, the door comprising a dispenser (17); and a hinge device ([0027]) configured to rotatably connect the door to the cabinet, wherein the door comprises: a door frame (the outside portions of the door, see Fig. 3) including a door opening (see annotated Fig. 3) disposed at a position spaced apart from a rotation center (see annotated Fig. 3) by the hinge device; a door liner (112) coupled to the door frame and having an ice-making compartment wall (walls of 120, see Fig. 4) forming an ice-making compartment (120); and an ice maker (200) accommodated in the ice-making compartment to generate ice, wherein a horizontal distance from a front surface of the door (see annotated Fig. 3) to a center of the door opening is greater than a distance from the front surface of the door to the rotation center (Fig. 3), and wherein the horizontal distance from the front surface of the door to the center of the door opening is less than a distance from a front surface of the door to a front wall (252, see Fig. 5) facing the front surface of the door of the ice-making compartment wall (Figs. 3 & 5).
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Regarding claim 2, Choi discloses a refrigerator wherein the door further comprises a gasket coupling portion (see annotated Fig. 3) to which a gasket (see annotated Fig. 3) in contact with the cabinet is coupled, wherein the gasket coupling portion comprises an extension portion (see annotated Fig. 3) that is in contact with the door frame (Fig. 3), and wherein a horizontal distance from the front surface of the door to the front wall is greater than 1/2 of a distance from the front surface of the door to the extension portion (Fig. 3).
Regarding claim 3, Choi discloses a refrigerator wherein a horizontal distance from the front surface of the door to the front wall is greater than 1/2 of a thickness of the door frame (Fig. 3).
Regarding claim 4, Choi discloses a refrigerator wherein the door further comprises a gasket coupling portion (see annotated Fig. 3) to which a gasket (see annotated Fig. 3) in contact with the cabinet is coupled (Fig. 3), and wherein a horizontal distance between the front surface of the door and a rotation center of the ice maker (139) is greater than a horizontal distance between the front surface of the door and the gasket or a distance between the front surface of the door and the gasket coupling portion (Fig. 3).
Regarding claim 5, Choi discloses a refrigerator wherein a vertical line passing through a rotation center of the ice maker is located at a rear side spaced apart from the gasket (Fig. 3).
Regarding claim 6, Choi discloses a refrigerator wherein the door further comprises a gasket coupling portion (see annotated Fig. 3) to which a gasket (see annotated Fig. 3) in contact with the cabinet is coupled (Fig. 3), wherein the gasket coupling portion comprises an extension portion (see annotated Fig. 3) that is in contact with the door frame, wherein an ice discharge hole (253) is formed at a bottom of the ice-making compartment wall, and wherein a horizontal distance from the front surface of the door to the ice discharge hole is greater than a horizontal distance from the front surface of the door to the extension portion (Figs. 3, 4).
Regarding claim 7, Choi discloses a refrigerator wherein an ice chute (150) configured to guide ice having passed through the ice discharge hole to the dispenser is provided below the bottom of the ice-making compartment wall, wherein the ice chute comprises an ice opening (127) for ice discharge, and wherein a horizontal distance from the front surface of the door to the ice opening is greater than a horizontal distance from the front surface of the door to the extension portion (Figs. 3 & 4).
Regarding claim 14, Choi discloses a refrigerator wherein at least one of a water pipe (42) or a wire passes through the door opening ([0071]).
Regarding claim 15, Choi discloses a refrigerator wherein the door further comprises a guide (the edges of the door opening form the guide) aligned with the door opening at an inside of the door to accommodate at least one of the water pipe or the wire therein.
Regarding claim 17, Choi discloses a refrigerator further comprising an ice-making compartment door (130) configured to open or close the ice-making compartment, wherein the ice-making compartment door comprises two side surfaces and a connection surface connecting the two side surfaces (Fig. 4) , and wherein the connection surface comprises a straight portion connecting the two side surfaces in a straight line (Figs. 4 & 5).
Allowable Subject Matter
Claims 8-13 & 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 because it gives a general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J ROHRHOFF whose telephone number is (571)270-7624. The examiner can normally be reached M-F 7:30-4:00.
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, Dan Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J ROHRHOFF/Primary Examiner, Art Unit 3637