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 of Claims
This Office Action is in response to the remarks and amendments filed on 8/11/2026. Claims 1-20 and 22-24 are pending for consideration in this Office Action.
Response to Amendment
The objections to the drawings have been withdrawn in light of the amendments filed. The rejections pursuant to 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn in light of the amendments filed. The rejections pursuant to 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), fourth paragraph have been withdrawn in light of the amendments filed
Drawings
The drawings were received on 8/11/2026. These drawings are acceptable.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract is not concise. Language such as “The purified ice may be melted,” and “a single slab of substantially uniform thickness”, are examples of language that does not meet the standard of conciseness. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou (JPS61287405A) in view of Creager (US3877242).
Regarding Claim 1, Kitou teaches an apparatus for purifying raw water from a raw water source [0001; 0002], the apparatus comprising:
a raw water collection tank [2] for holding raw water having impurities [0005];
a freezing surface [5; 0006];
circulation means [8, 8a] for flowing raw water from the raw water collection tank over the freezing surface [0006];
refrigeration means [18, 21] for regulating a temperature of the freezing surface to cause an ice mass to grow by freezing a portion of the raw water as the raw water flows over the freezing surface, wherein an unfrozen portion of the raw water which flows over the freezing surface transports impurities in the ice mass away from the ice mass, and to cause the ice mass to separate from the freezing surface [0007-0010]; and
an ice receptacle [3] arranged to receive the ice mass after the ice mass separates from the freezing surface; wherein the ice receptacle is configured to hold the ice mass and liquid water after the ice mass separates from the freezing surface [0005; 0008];
wherein the raw water collection tank [2] is arranged to receive the unfrozen portion of the raw water such that the unfrozen portion of the raw water is recirculated by the circulation means to again flow over the freezing surface [0006-0009];
wherein the ice mass in the ice receptacle is available for melting in the ice receptacle to provide purified water held in the ice receptacle [0005-0008].
Kitou does not teach where the ice receptacle is positioned above the raw water collection tank.
However, Creager teaches an ice making machine [col 1, lines5-9; fig 1] having where an ice receptacle [76] is positioned above a raw water collection tank [at least the assembly of tanks 68, 86]; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure whereby melted ice water can be recycled to a water making tank and thereby improve the efficiency of the system [see fig 1].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have where the ice receptacle is positioned above the raw water collection tank in view of the teachings of Creager where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure whereby melted ice water can be recycled to a water making tank and thereby improve the efficiency of the system.
Regarding Claim 2, Kitou, as modified, teaches the invention of claim 1 above and Kitou teaches heating means [15] associated with the ice receptacle for transferring heat to the ice receptacle [0007].
Regarding Claim 3, Kitou, as modified, teaches the invention of claim 2 above and Kitou teaches wherein the heating means is operable to melt the ice mass received by the receptacle to provide purified water held in the ice receptacle [0007].
Regarding Claim 7, Kitou, as modified, teaches the invention of claim 1 above and Kitou teaches a raw water inlet conduit [at 7a] in communication with the raw water collection tank [2] for conveying raw water into the raw water collection tank [0006].
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) and Creager (US3877242) as applied to claim 1 above, and further in view of Braaten (US4572785).
Regarding Claim 4, Kitou, as modified, teaches the invention of claim 3 above and Kitou teaches a purified water outlet conduit [at 22; fig 1]in communication with the ice receptacle [3; 0007]. Kitou does not teach an outlet pump operable to pump purified water from the ice receptacle through the purified water outlet conduit.
However, Braaten teaches a device for purifying water [col 1, lines 5-10] having an outlet pump [68] operable to pump purified water from an ice receptacle [66] through the purified water outlet conduit [ending at spigot 112; col 4, lines 41-64; col 6, lines 37-41; figs 1 & 3] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure whereby pure water can be supplied to a user [see fig 3].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have an outlet pump operable to pump purified water from the ice receptacle through the purified water outlet conduit in view of the teachings of Braaten where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure whereby pure water can be supplied to a user.
Regarding Claim 5, Kitou, as modified, teaches the invention of claim 4 above and Braaten teaches a user-operable switch [at 114] for selectively activating the purified water outlet pump [implicitly at col 6, lines 37-41].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A), Creager (US3877242) and Braaten (US4572785) as applied to claim 4 above, and further in view of Pichler (US2982113).
Regarding Claim 6, Kitou, as modified, teaches the invention of claim 4 above whereas Kitou teaches a purified water outlet, Kitou does not teach wherein an end of the purified water outlet conduit is located in the ice receptacle at a predetermined vertical distance from a bottom of the ice receptacle.
However, Pichler teaches an ice making apparatus [fig 3] having wherein an end of a water outlet conduit [99] is located in an ice receptacle [96] at a predetermined vertical distance from a bottom of the ice receptacle [by inspection at fig 3; see also col 6, lines 21-48] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure whereby the water outlet conduit would allow sediment to settle on the bottom of the ice receptacle and not flow through the conduit [see fig 3].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein an end of the purified water outlet conduit is located in the ice receptacle at a predetermined vertical distance from a bottom of the ice receptacle in view of the teachings of Pichler where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure whereby the water outlet conduit would allow sediment to settle on the bottom of the ice receptacle and not flow through the conduit.
Claim(s) 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) and Creager (US3877242) as applied to claim 1 above, and further in view of LaCoate (US4798061).
Regarding Claim 8, Kitou, as modified, teaches the invention of claim 7 above and whereas Kitou teaches a raw water inlet [7] that provides water into the raw water collection tank [0006], Kitou does not explicitly teach an inlet feed pump operable to pump raw water through the raw water inlet conduit.
However, LaCoate teaches an ice making device [col 1, lines 6-10] having an inlet feed pump [2] operable to pump raw water through a raw water inlet conduit [at 3; col 2, lines 56-66; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure that provides pressurized municipal water to the system [see fig 1].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have an inlet feed pump operable to pump raw water through the raw water inlet conduit in view of the teachings of LaCoate where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure that provides pressurized municipal water to the system.
Regarding Claim 10, Kitou, as modified, teaches the invention of claim 8 above and Kitou teaches an ice release sensor [10] configured and arranged to sense separation of the ice mass from the freezing surface [0010] and electronic control circuitry connected to the ice release sensor, wherein the electronic control circuitry is configured to turn on the inlet feed pump in response to a separation signal from the ice sensor [0009; 0011].
Regarding Claim 11, Kitou, as modified, teaches the invention of claim 10 above and Kitou teaches wherein the electronic control circuitry is configured to turn off the inlet feed pump and turn on the circulation means after a predetermined time period has elapsed [0010].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) and Creager (US3877242) as applied to claim 1 above, and further in view of Hamlin (US5112477).
Regarding Claim 9, Kitou, as modified, teaches the invention of claim 1 above but does not explicitly teach a raw water outlet conduit in communication with the raw water collection tank and a raw water outlet pump operable to pump raw water from the raw water collection tank through the raw water outlet conduit.
However, Hamlin teaches an apparatus for dispensing purified ice and water [col 1, lines 8-11] having a raw water outlet conduit [102, 106] in communication with a raw water collection tank [100] and a raw water outlet pump [102] operable to pump raw water from the raw water collection tank through the raw water outlet conduit [col 4, lines 35-52; fig 5] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure that removes waste water from the system [see fig 5].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have a raw water outlet conduit in communication with a raw water collection tank and a raw water outlet pump operable to pump raw water from the raw water collection tank through the raw water outlet conduit in view of the teachings of Hamlin where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure that removes waste water from the system.
Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) and Creager (US3877242) as applied to claim 1 above, and further in view of Swanson et al. (US3625023).
Regarding Claim 12, Kitou, as modified, teaches the invention of claim 2 above and Kitou teaches wherein the heating means [16] transfers heat to an underside of the ice receptacle [0007]. Kitou does not explicitly teach wherein the ice mass received in the ice receptacle consists of a single slab of ice.
However, Swanson teaches an ice maker [fig 1] having wherein an ice mass [25] received in the ice receptacle consists of a single slab of ice having a substantially uniform thickness [col 4, lines 35-52; fig 5] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that produces large capacity of ice [col 2, lines 43-55].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein the ice mass received in the ice receptacle consists of a single slab of ice in view of the teachings of Swanson where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that produces large capacity of ice.
Regarding Claim 13, Kitou, as modified, teaches the invention of claim 12 above and Kitou teaches wherein the freezing surface defines a plurality of cubic freezing chambers, each of the plurality of cubic freezing chambers having five faces defined by the freezing surface and one open face [0007].
Regarding Claim 14, Kitou, as modified, teaches the invention of claim 1 above but does not teach wherein the freezing surface is inclined at an angle in a range from 10° through 20° relative to vertical.
However, Swanson teaches an ice maker [fig 1] having wherein the freezing surface is inclined at an angle in a range from 10° through 20° relative to vertical [col 1, lines 11-24] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system whereby ice can slide by gravity into the clean water tank [col 1, lines 11-24].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein the freezing surface is inclined at an angle in a range from 10° through 20° relative to vertical in view of the teachings of Swanson where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system whereby ice can slide by gravity into the clean water tank.
Regarding Claim 15, Kitou, as modified, teaches the invention of claim 1 above but does not teach a spray curtain proximate the freezing surface for preventing raw water flowing by the circulation means from entering the ice receptacle.
However, Swanson teaches an ice maker [fig 1] having a spray curtain proximate the freezing surface for preventing raw water flowing by the circulation means from entering the ice receptacle [col 2, lines 3-42] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system whereby excess water can flow to the sump and be recirculated [col 2, lines 3-42].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have a spray curtain proximate the freezing surface for preventing raw water flowing by the circulation means from entering the ice receptacle in view of the teachings of Swanson where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system whereby excess water can flow to the sump and be recirculated.
Regarding Claim 16, Kitou, as modified, teaches the invention of claim 15 above and Swanson teaches wherein the spray curtain is resiliently deflectable to allow passage of the ice mass from the freezing surface to the ice receptacle [col 2, lines 3-42].
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) and Ogata (JPH0447581Y2) as applied to claim 1 above, and further in view of Bayston (US2542892).
Regarding Claim 17, Kitou teaches a housing [1] containing the raw water collection tank [2], the freezing surface [5], and the ice receptacle [3; see fig 1]. Kitou does not explicitly teach wherein the housing includes an ice delivery opening and the apparatus further comprises ice delivery means for delivering the ice mass through the ice delivery opening to an exterior of the housing.
However, Bayston teaches a machine for manufacturing ice [col 1, lines 1-6] having wherein a housing [15] includes an ice delivery opening [at least the opening at tray 41; see fig 2] and the apparatus further comprises ice delivery means [at least closure member 39, trunnion 32, bearing 33, frame element 17, plates 34; gear 56, chute tray 41; 42 and circuitry at fig 13] for delivering the ice mass through the ice delivery opening to an exterior of the housing [col 4, lines 11-61; where the opening of the ice cell using at least some of the aforementioned structure relate to ice delivery means] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system whereby ice is accessible to a user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein the housing includes an ice delivery opening and the apparatus further comprises ice delivery means for delivering the ice mass through the ice delivery opening to an exterior of the housing in view of the teachings of Bayston where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system whereby ice is accessible to a user.
Regarding Claim 18, Kitou, as modified, teaches the invention of claim 17 above and Bayston teaches a container, wherein the container is configured for placement at a receiving location externally adjacent to the housing to receive the ice mass delivered through the ice delivery opening [col 4, lines 44-61; see fig 2.]
Regarding Claim 19, Kitou, as modified, teaches the invention of claim 18 above and teaches an exhaust fan [121] for expelling warm air from the housing in a direction of the container when the container is at the receiving location [col 3, lines 39-46; fig. 5].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) in view of Swanson et al. (US3625023).
Regarding Claim 20, Kitou teaches an apparatus for purifying raw water from a raw water source [0001; 0002], the apparatus comprising:
a raw water collection tank [2] for holding raw water having impurities [0005];
a freezing surface [5] wherein the freezing surface defines a plurality of cubic freezing chambers, each of the plurality of cubic freezing chambers having five faces defined by the freezing surface and one open face [implicit at 0006; 0007];
circulation means [8, 8a] for flowing raw water from the raw water collection tank over the freezing surface [0006];
refrigeration means [18, 21] for regulating a temperature of the freezing surface to cause an ice mass to grow by freezing a portion of the raw water as the raw water flows over the freezing surface, wherein an unfrozen portion of the raw water which flows over the freezing surface transports impurities in the ice mass away from the ice mass, and to cause the ice mass to separate from the freezing surface [0007-0010];
an ice receptacle [3] arranged to receive the ice mass after the ice mass separates from the freezing surface [0005; 0008]; and
heating means [15] associated with the ice receptacle for transferring heat to the ice receptacle, and wherein the heating means transfers heat to an underside of the ice receptacle [0007];
wherein the raw water collection tank is arranged to receive the unfrozen portion of the raw water such that the unfrozen portion of the raw water is recirculated by the circulation means to again flow over the freezing surface [0006-0009]; wherein the ice mass in the ice receptacle is available for melting to provide purified water [0005-0008].
Kitou does not teach wherein the ice mass received in the ice receptacle consists of a single slab of ice having a predefined substantially uniform thickness.
However, Swanson teaches an ice maker [fig 1] having wherein an ice mass [25] received in the ice receptacle consists of a single slab of ice having a substantially uniform thickness [col 4, lines 35-52; fig 5] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system that produces large capacity of ice [col 2, lines 43-55].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein the ice mass received in the ice receptacle consists of a single slab of ice in view of the teachings of Swanson where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system that produces large capacity of ice.
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) in view of Braaten (US4572785) and Canter (3918267).
Regarding Claim 22, Kitou teaches an apparatus for purifying raw water from a raw water source [0001; 0002], the apparatus comprising:
a housing [1; 0005];
a raw water collection tank [2] within the housing for holding raw water having impurities [0005];
a freezing surface [5] within the housing [0006];
circulation means [8. 8a] for flowing raw water from the raw water collection tank over the freezing surface [0006];
refrigeration means [18, 21] for regulating a temperature of the freezing surface to cause an ice mass to grow by freezing a portion of the raw water as the raw water flows over the freezing surface, wherein an unfrozen portion of the raw water which flows over the freezing surface transports impurities in the ice mass away from the ice mass, and to cause the ice mass to separate from the freezing surface [0007-0010];
an ice receptacle [3] arranged to receive the ice mass after the ice mass separates from the freezing surface, wherein the ice receptacle is configured to hold liquid [0005; 0008]; and
heating means [15] associated with the ice receptacle for transferring heat to the ice receptacle, wherein the heating means is operable to melt the ice mass received by the receptacle to provide purified water held in the ice receptacle [0007];
a purified water outlet conduit [at 22] in communication with the ice receptacle [0007];
a purified water outlet that flows purified water from the ice receptacle through the purified water outlet conduit [0007; fig 1];
an ice release sensor [10] configured and arranged to sense separation of the ice mass from the freezing surface [0006; 0007; 0009; 0011]; and
electronic control circuitry for controlling operation of the circulation means [8, 8a], the heating means [15] in an operating cycle including an ice formation period and a drainage period [0006; 0007; 0009; 0011];
wherein during the ice formation period, the circulation means is operated to grow the ice mass on the freezing surface and the heating means is operated to melt ice in the ice receptacle [0006; 0007; 0009; 0011];
wherein during the drainage period, the purified water outlet pump is operated to pump at least a portion of purified water in the ice receptacle through the purified water outlet conduit [0006; 0007; 0009; 0011];
wherein the raw water collection tank is arranged to receive the unfrozen portion of the raw water such that the unfrozen portion of the raw water is recirculated by the circulation means to again flow over the freezing surface [0006; 0007; 0009; 0011].
Whereas Kitou teaches a purified water outlet, Kitou does not explicitly teach a purified water outlet pump operable to pump purified water from the ice receptacle through the purified water outlet conduit; and electronic control circuitry for controlling outlet pump in an operating cycle; wherein the ice release sensor is activated by the ice mass after the separation of the ice mass from the freezing surface.
However, Braaten teaches a device for purifying water [col 1, lines 5-10] having a purified water outlet pump [68] operable to pump purified water from an ice receptacle [66] through the purified water outlet conduit [ending at spigot 112; col 4, lines 41-64; col 6, lines 37-41; figs 1 & 3] and electronic control circuitry for controlling outlet pump in an operating cycle [see fig 5; where control is implemented during an ice making and during a drain period] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure whereby pure water can be supplied to a user [see fig 3].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have a purified water outlet pump operable to pump purified water from the ice receptacle through the purified water outlet conduit; and electronic control circuitry for controlling outlet pump in an operating cycle in view of the teachings of Braaten where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure whereby pure water can be supplied to a user.
Also, Canter teaches an ice maker [fig 1] having wherein the ice release sensor [186] is activated by the ice mass after the separation of the ice mass from the freezing surface [col 6, line 17 – col 7, line 2] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide a structure that signals a new ice making cycle can commence [col 6, line 17 – col 7, line 2].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have wherein the ice release sensor is activated by the ice mass after the separation of the ice mass from the freezing surface in view of the teachings of Canter where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide a structure that signals a new ice making cycle can commence.
Regarding Claim 23, Kitou, as modified, teaches the invention of claim 22 above and Braaten teaches a user-operable switch [at 114] for selectively activating the purified water outlet pump [implicitly at col 6, lines 37-41].
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitou et al. (JPS61287405A) in view of Bayston (US2542892).
Regarding Claim 24, Kitou teaches an apparatus for purifying raw water from a raw water source [0001; 0002], the apparatus comprising:
a housing [1] including a bottom wall and one or more sidewalls extending vertically relative to the bottom wall [0005; fig 1],
a raw water collection tank [2] within the housing for holding raw water having impurities [0005];
a freezing surface [5] within the housing [0006];
circulation means [8, 8a] for flowing raw water from the raw water collection tank over the freezing surface [0006];
refrigeration means [18, 21] for regulating a temperature of the freezing surface to cause an ice mass to grow by freezing a portion of the raw water as the raw water flows over the freezing surface, wherein an unfrozen portion of the raw water which flows over the freezing surface transports impurities in the ice mass away from the ice mass, and to cause the ice mass to separate from the freezing surface [0007-0010];
wherein the delivered ice mass is available for melting to provide purified water [0005-0008];
wherein the raw water collection tank [2] is arranged to receive the unfrozen portion of the raw water such that the unfrozen portion of the raw water is recirculated by the circulation means to again flow over the freezing surface [0006-0009].
Kitou does not explicitly teach where the one or more sidewalls includes an ice delivery opening; and ice delivery means for delivering the ice mass through the ice delivery opening to an exterior of the housing after the ice mass separates from the freezing surface.
However, Bayston teaches a machine for manufacturing ice [col 1, lines 1-6] having wherein a housing [15] includes one or more sidewalls including an ice delivery opening [at least the opening at tray 41; see fig 2] and ice delivery means [at least closure member 39, trunnion 32, bearing 33, frame element 17, plates 34; gear 56, chute tray 41; 42 and circuitry at fig 13] for delivering the ice mass through the ice delivery opening to an exterior of the housing [col 4, lines 11-61; where the opening of the ice cell using at least some of the aforementioned structure relate to ice delivery means] for delivering the ice mass through the ice delivery opening to an exterior of the housing [col 4, lines 11-61; where the opening of the ice cell using at least some of the aforementioned structure relate to ice delivery means] for delivering the ice mass through the ice delivery opening to an exterior of the housing after the ice mass separates from the freezing surface [col 4, lines 44-61] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a system whereby ice is accessible to a user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Kitou to have where the one or more sidewalls includes an ice delivery opening; and ice delivery means for delivering the ice mass through the ice delivery opening to an exterior of the housing after the ice mass separates from the freezing surface in view of the teachings of Bayston where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a system whereby ice is accessible to a user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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 with respect to claim(s) 22 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.
Regarding Applicant’s arguments with respect to claim(s) 10, claim 10 has been properly placed in the Office Action to match the dependency. Thus, Applicant’s argument is moot.
On pages 16-18 of the remarks, Applicant argues with respect to claim 17 that Kitou et al. (JPS61287405A) as modified by Bayston (US2542892) does not teach “…ice delivery means,” in line with the broadest reasonable interpretation of elements found in the disclosure. Applicant's arguments filed have been fully considered but they are not persuasive.
In response to Applicant’s arguments, the teachings of Bayston have been expanded to include additional elements. See the rejection of claims 17 and 24 above for detailed discussion. With respect to the teachings of Bayston, the prior art elements perform the identical function of specified in the claim in substantially the same way and produce substantially the same results as the corresponding elements disclosed in the specifications. For example, when the plate structure 34 releases ice the ice falls due to gravity onto tray 41 and subsequently slide down to the opening of delivery chute 42. This function is substantially the same as the function shown in figure 3 where tilted ice receptacle 24 when raised into the ice delivery height allows ice to fall due to gravity onto receptacle 24 and subsequently slide down to delivery opening 70.
There are insubstantial differences between the prior art element and the corresponding element disclosed in the specification. Namely the rack and gear which serve to place the rack in the ice delivery position. A structure lacking several components of the overall structure corresponding to the claimed function and also differing in the number and size of the parts may be insubstantially different from the disclosed structure. The limitation in a means- (or step-) plus-function claim is the overall structure corresponding to the claimed function. The individual components of an overall structure that corresponds to the claimed function are not claim limitations. Also, potential advantages of a structure that does not relate to the claimed function should not be considered in an equivalent’s determination under 35.
Accordingly, the rejection is maintained.
On page(s) 18 of the remarks, Applicant argues with respect to claim 20 that Kitou et al. (JPS61287405A) does not teach “…wherein the freezing surface defines a plurality of cubic freezing chambers, each of the plurality of cubic freezing chambers having five faces defined by the freezing surface and one open face.” Applicant's arguments filed have been fully considered but they are not persuasive.
In response to Applicant’s arguments, Kitou implicitly teaches at 0007 the above limitation where Kitou teaches ice cubes. Where one skilled in the art would recognize that a freezing surface the produces “cubes” necessarily has a chamber having five faces defined by the freezing surface and one open face.
Accordingly, the rejection is maintained.
On page(s) 19 of the remarks, Applicant argues with respect to claim 24 that Kitou et al. (JPS61287405A) as modified by Bayston (US2542892) does not teach “…ice delivery means,” in line with the broadest reasonable interpretation of elements found in the disclosure. Applicant's arguments filed have been fully considered but they are not persuasive.
See the discussion with respect to claim 17 above for detailed discussion.
For at least the reasons above, claims 1-20 and 22-24 remain rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Erickson et al. (US2583294), cited to show another aspect of ice “delivery means.” See at least col 5, line 9-col 6, line 66; fig. 1.
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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
