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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claim(s) 1-3, 8, 9 11-13, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20180187964) in view of Muthumani et al. (US 2009/0165494) and Sharpstone et al. (US 2023/0065913).
Per claims 1-2 and 9, Park teaches a refrigerator appliance comprising:
a cabinet (10) comprising a freezer lining (inherent) defining a freezer chamber (40) and a fresh food liner (inherent) defining a fresh food chamber (20);
a door (21,22) rotatably hinged to the cabinet (10); and
a water delivery system comprising:
a chilled water tank (70) provided within the fresh food chamber (20) (see figure 3), the chilled water tank comprising an outer wall (inherent; see figure 3), the outer wall defining a water compartment for containing a volume of water (inherent),
a water source (79) in upstream fluid communication with the chilled water tank (70) to deliver water to the chilled water tank, the water source comprising a supply valve (“valve”, para. 0075) that is transitionable between an open position and a closed positioned to selectively permit a flow of water from the water source to the chilled water tank (“A valve (not shown) for adjusting water supplied to the external water supply source 79 may be provided at a hose which connects the external water supply source 79 to the storage tank 71”, para. 0075), wherein, when the supply valve is in the open position, water is permitted to flow from the water source (79) to the supply valve (“valve”, para. 0075) and from the supply valve to the chilled water tank in a sequential order (see figure 4),
a dispenser assembly (90, 99, 80) comprising a water dispenser (99) and an ice maker assembly (80) positioned at the door (21), the dispenser assembly (90, 99, 80) in downstream fluid communication with the chilled water tank (70) for dispensing ice or water (see figure 4) but fails to explicitly teach a peristaltic metering pump in fluid communication between the chilled water tank and the dispenser assembly, the peristaltic metering pump comprising a housing, a dispensing tube, and a rotor assembly, the housing defining a dosing chamber, the dispensing tube being disposed within the dosing chamber between the rotor assembly and an inner wall of the housing(claim 1), wherein the peristaltic metering pump comprises a motor coupled to the rotor assembly, and wherein the motor comprises a stepper motor (claim 2), and wherein the rotor assembly comprises a plurality of rollers disposed within the housing, and wherein a segment of the dispensing tube is provided between the plurality of rollers and an inner wall of the housing (claim 9).
Regarding the use of the peristaltic pump in the refrigerator, Muthumani teaches a domestic refrigerator including a peristaltic pump (34; “peristaltic pumps”, para. 0021) in fluid communication between a chilled water tank (37) and a dispensing assembly (10), the peristaltic metering pump comprising a housing (see outer structure of 34 in figure 1) and a dispensing tube (inherent to a peristaltic metering pump) for reversing water flow in a water dispensing system of the refrigerator (para. 0021). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a peristaltic pump in fluid communication between a chilled water tank and a dispensing assembly, wherein the peristaltic metering pump comprising a housing and a dispensing tube, as taught by Muthumani in the invention of Park, in order to advantageously reverse water flow in a water dispensing system of a refrigerator (para. 0021), thereby allowing for draining of the system.
Regarding the peristaltic pump structure, Sharpstone teaches a peristaltic metering pump comprising a housing (15,17), a dispensing tube (85), and a rotor assembly (155), the housing defining a dosing chamber (70), the dispensing tube (85) being disposed within the dosing chamber (70) between the rotor assembly (155) and an inner wall (75) of the housing (15,17) (claim 1), wherein the peristaltic metering pump comprises a motor (“stepper motor”, para. 0018) coupled to the rotor assembly (155), and wherein the motor comprises a stepper motor (“stepper motor”, para. 0018) (claim 2), and wherein the rotor assembly comprises a plurality of rollers (185) disposed within the housing (15,17), and wherein a segment of the dispensing tube (85) is provided between the plurality of rollers (185) and the inner wall (75) of the housing (15,17) (claim 9) for providing an easily maintained fluid pump (para. 0014). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the peristaltic metering pump comprising a housing, a dispensing tube, and a rotor assembly, the housing defining a dosing chamber, the dispensing tube being disposed within the dosing chamber between the rotor assembly and an inner wall of the housing (claim 1), wherein the peristaltic metering pump comprises a motor coupled to the rotor assembly, and wherein the motor comprises a stepper motor (claim 2), wherein the rotor assembly comprises a plurality of rollers disposed within the housing, and wherein a segment of the dispensing tube is provided between the plurality of rollers and the inner wall of the housing (claim 9) as taught by Sharpstone in the invention of combined teachings, in order to advantageously provide an easily maintained fluid pump (para. 0014).
Per claim 3, Park, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Park, as modified fails to explicitly teach wherein the dispensing tube comprises an inlet portion and an outlet portion, wherein the outlet portion is positioned downstream of the inlet, wherein the inlet portion is in direct fluid communication with the chilled water tank, and wherein the outlet is in direct fluid communication with the dispenser assembly.
Muthumani teaches a domestic refrigerator having a peristaltic pump including a dispensing tube comprising an inlet portion (portion from 37 to 34) and an outlet portion (portion from 34 to 35), wherein the outlet portion (portion from 34 to 35) is positioned downstream of the inlet (portion from 37 to 34) (see figure 2), wherein the inlet portion (portion from 37 to 34) is in direct fluid communication with a chilled water tank (37), and wherein the outlet (potion form 34 to 35) is in direct fluid communication with a dispenser assembly (figure 2 except 34 and 37) for reversing water flow in a water dispensing system of the refrigerator (para. 0021). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a dispensing tube comprising an inlet portion and an outlet portion, wherein the outlet portion is positioned downstream of the inlet, wherein the inlet portion is in direct fluid communication with a chilled water tank, and wherein the outlet is in direct fluid communication with a dispenser assembly, as taught by Muthumani in the invention of Park, in order to advantageously reverse water flow in a water dispensing system of a refrigerator (para. 0021), thereby allowing for draining of the system.
Per claim 8, Park, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Park, as modified, fails to explicitly teach wherein the outer wall of the chilled water tank defines an air vent therethrough.
However, Muthumani teaches a domestic refrigerator wherein an outer wall of a chilled water tank defines an air vent therethrough (“Auxiliary tank 37 may include an outlet 83 to prevent pressurization of auxiliary tank 37”, para. 0025) for preventing pressurization of the water tank (para. 0025). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have an outer wall of a chilled water tank define an air vent therethrough, as taught by Muthumani in the invention of Park, as modified, in order to advantageously prevent pressurization of the water tank (para. 0025).
Claim 11 recites similar limitations as claim 1 and is rejected in a similar manner.
Claim 12 recites similar limitations as claim 2 and is rejected in a similar manner.
Claim 13 recites similar limitations as claim 3 and is rejected in a similar manner.
Claim 19 recites similar limitations as claim 8 and is rejected in a similar manner.
Claim 20 recites similar limitations as claim 9 and is rejected in a similar manner.
Claim(s) 4-5 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20180187964) in view of Muthumani et al. (US 2009/0165494) and Sharpstone et al. (US 2023/0065913) as applied to the claims above and further in view of Lee (US 5,737,932) and DuHack (US 6,460,367).
Per claim 4, Park, as modified, meets the claim limitations as disclosed in the above rejection of claim 1. Further, Park, as modified, fails to explicitly teach wherein water delivery system further comprises a liquid valve and an ice valve, wherein the liquid valve is in fluid communication between the peristaltic metering pump and the water dispenser, and wherein the ice valve is in fluid communication between the peristaltic metering pump and the ice maker assembly, and wherein the ice valve is fluidly parallel with the liquid valve.
Regarding the water dispenser and ice maker being in fluid communication with the pump, Lee teaches a refrigerator appliance wherein a dispenser assembly comprises a water dispenser (“water dispenser”, figure 2) and an ice maker assembly (“ice maker”, figure 2), wherein a water delivery system comprises a valve (3), wherein the valve is in fluid communication between a pump (2) and the water dispenser (“water dispenser”, figure 2), and wherein the valve is in fluid communication between the pump (2) and the ice maker assembly (“ice maker”, figure 2) for preferentially providing water to a user (col. 4, lines 39-40). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a dispenser assembly comprising a water dispenser and an ice maker assembly, wherein a water delivery system comprises a valve, wherein the valve is in fluid communication between a pump and the water dispenser, and wherein the valve is in fluid communication between the pump and the ice maker assembly, as taught by Lee in the invention of Park, as modified, in order to advantageously preferentially provide water to a user (col. 4, lines 39-40), thereby avoiding inconvenience to the user.
Regarding the separate valves, DuHack teaches a refrigerator appliance including a water delivery system comprising a liquid valve (150) and an ice valve (148), and wherein the ice valve is fluidly parallel with the liquid valve (see figure 1) for improved water filtration and dispensing from a refrigerator (col. 1, lines 39-40). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide liquid valve and an ice valve, wherein the ice valve is in fluid parallel with the liquid valve, as taught by DuHack in the combined teachings, in order to advantageously provide improved water filtration and dispensing (col. 1, lines 39-40).
When the DuHack liquid valve and ice valve is combined with the system of Park, as modified, the result is wherein the dispenser assembly comprises a water dispenser and an ice maker assembly, wherein water delivery system further comprises a liquid valve and an ice valve, wherein the liquid valve is in fluid communication between the peristaltic metering pump and the water dispenser, and wherein the ice valve is in fluid communication between the peristaltic metering pump and the ice maker assembly and in fluid parallel with the liquid valve, as claimed.
Per claim 5, Park, as modified, meets the claim limitations as disclosed in the above rejection of claim 4. Further, Park, as modified, teaches a controller (140) but fails to explicitly teach wherein the liquid valve comprises a first solenoid valve, wherein the ice valve comprises a second solenoid valve, wherein the first solenoid valve is in operative communication with the controller associated with the water delivery system, wherein the first solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water from the peristaltic metering pump to the water dispenser, wherein the second solenoid valve in operative communication with the controller associated with the water delivery system, and wherein the second solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water from the peristaltic metering pump to the ice maker assembly.
However, DuHack teaches a refrigerator appliance wherein a liquid valve (150) comprises a first solenoid valve (“solenoid coil”, col. 6, line 54), wherein an ice valve (148) comprises a second solenoid valve (“solenoid coil”, col. 6, line 54),wherein the first solenoid valve is in operative communication with a controller (inherent to a solenoid valve to supply electrical current) associated with a water delivery system (10), wherein the first solenoid valve (150) is transitionable between an open position and a closed position to selectively permit a flow of water to the water dispenser (inherent to the water dispenser valve of the water delivery system), wherein the second solenoid valve (148) is in operative communication with the controller associated with the water delivery system (inherent to a solenoid to supply electrical current),wherein the second solenoid valve (148) is transitionable between an open position and a closed position to selectively permit a flow of water f to the ice maker assembly (inherent to the ice maker valve of the water delivery system) for improved water filtration and dispensing from a refrigerator (col. 1, lines 39-40). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a liquid valve comprising a first solenoid valve, wherein an ice valve comprising a second solenoid valve, wherein the first solenoid valve is in operative communication with a controller associated with a water delivery system, wherein the first solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water to the water dispenser, wherein the second solenoid valve is in operative communication with the controller associated with the water delivery system, wherein the second solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water to the ice maker assembly, as taught by DuHack in the invention of Park, as modified, in order to advantageously provide improved water filtration and dispensing (col. 1, lines 39-40).
When the solenoid valves of DuHack are combined with the controller and peristaltic metering pump of Muthumani, as modified, the result is wherein the first solenoid valve is in operative communication with a controller associated with the water delivery system, wherein the first solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water from the peristaltic metering pump to the water dispenser, wherein the second solenoid valve in operative communication with the controller associated with the water delivery system, and
wherein the second solenoid valve is transitionable between an open position and a closed position to selectively permit a flow of water from the peristaltic metering pump to the ice maker assembly, as claimed.
Claim 14 recites similar limitations as claim 4 and is rejected in a similar manner.
Claim 15 recites similar limitations as claim 5 and is rejected in a similar manner.
Claim(s) 7 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20180187964) in view of Muthumani et al. (US 2009/0165494) and Sharpstone et al. (US 2023/0065913) as applied to the claims above and further in view of Scalf et al. (US 2020/0182534).
Per claim 7 and 17-18, Park, as modified, meets the claim limitations as disclosed in the above rejection of claim 1 and 11, respectively. Further, Park, as modified, fails to explicitly teach wherein the water delivery system further comprises a sensor provided within the water compartment, wherein a water level of a volume of water within the water compartment is measured via the sensor, and wherein the sensor is in operative communication with the supply valve of the water source (claims 7 and 17), wherein the sensor comprises a float switch (claim 18).
However, Scalf teaches a refrigerator applicant including a water delivery system
wherein the water delivery system further comprises a sensor (48) provided within a water compartment (30), wherein a water level of a volume of water within the water compartment is measured via the sensor (“valve 66 may be controlled by a controller, e.g., in response to a water level sensed by sensor 48”, para. 0034), and wherein the sensor (48) is in operative communication with a supply valve of a water source (62) (“valve 66 may be controlled by a controller, e.g., in response to a water level sensed by sensor 48”, para. 0034) (claims 7 and 17), wherein the sensor comprise a float switch (“float”, para. 0031) (claim 18) for determining a volume of water stored in the water compartment (para. 0021). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a water delivery system wherein the water delivery system further comprises a sensor provided within a water compartment, wherein a water level of a volume of water within the water compartment is measured via the sensor, and wherein the sensor is in operative communication with a supply valve of a water source (claims 7 and 17), wherein the sensor comprises a float switch (claim 18), as taught by Scalf in the invention of Park, as modified, in order to advantageously determine the volume of water stored in the water compartment (para. 0021), thereby maintaining an adequate amount of water in the water delivery system.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
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 DAVID J TEITELBAUM whose telephone number is (571)270-5142. The examiner can normally be reached on Monday-Friday 8:00 am-4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (571) 272-66816681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID J TEITELBAUM/Primary Examiner, Art Unit 3763
Prosecution Insights