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 Objections
Claim 1 is objected to because of the following informalities: For continuity in the claims, in lines 3 and 4, “the first portion and the second portion”, should be “the first portion of the cell and the second portion of the cell”. Similarly, in lines 5 and 6, “the first portion” and “the second portion” should be “the first portion of the cell” and “the second portion of the cell”. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: in lines 3-4, “the first portion” should be “the first portion of the second tray”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in lines 3 and 4, “the first portion” should be “the first portion of the second tray”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: in lines 2 and 3, “the second portion” should be “the second portion of the second tray”. Appropriate correction is required.
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 13, 14, 16 and 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.
Claim 13 recites the limitation "the other surface of the second tray" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is going to treat the claim as if it read, “an other surface of the second tray”.
Claim 14 recites “the coupling part”. However, in claim 13 from which claim 14 depends, there is a coupling part of the first wall and a coupling part of the second wall. It thus becomes unclear if “the coupling part” of claim 14 is referring to both or either of the coupling parts of claim 13. For the purposes of examination, the examiner is going to treat the claim as if it read, “a coupling member inserted into the coupling part of the first and second walls to pass through the second tray and then is coupled to the coupling part.”.
Claim 16 recites the limitation "the other surface of the second tray" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is going to treat the claim as if it read, “an other surface of the second tray”.
Claim 17 recites the limitation "the other surface of the second tray" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is going to treat the claim as if it read, “an other surface of the second tray”.
Claim Rejections - 35 USC § 102
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 1-8, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2014/0182325 to Lee et al., hereinafter referred to as Lee.
In reference to claim 1, Lee discloses the claimed invention including:
An ice maker (10) comprising:
a first tray assembly (11) having a first portion of a cell (113); and
a second tray assembly (12) having a second portion of the cell (141), the first portion (113) and the second portion (141) being configured to define a space formed by the cell, wherein a portion of liquid (a) is received in the first portion and another portion of the liquid (b) is received in the second portion,
wherein the first tray assembly (11) comprises a first tray (113) defining the first portion of the cell,
wherein the second tray assembly (12) comprises a second tray (14) defining the second portion of the cell and a second tray case (15) supporting the second tray (14), and
wherein the second tray case (15) comprises a second tray cover (13) disposed at one surface (upper surface) of the second tray (14), and the second tray cover (13) includes an opening (at 142, see below for the examiner’s definition of the opening) into which a portion (142) of the second tray (14) is inserted.
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In reference to claim 2, Lee discloses the claimed invention including:
the second tray (14) includes a circumferential wall (142) surrounding a portion of the first tray (11) in a state of contacting (as seen in figure 8).
In reference to claim 3, Lee discloses the claimed invention including:
the second tray cover (13) includes a portion covering at least a portion of the circumferential wall (142), see figure 8.
In reference to claim 4, Lee discloses the claimed invention including:
the second tray (14) includes:
a first portion (141) defining at least a portion of the cell; and
a second portion (142 and 143 collectively comprise the second portion) having a portion (143) extending from a predetermined point of the first portion (141),
wherein the second tray cover (13) supports at least portion of the second portion of the second tray (142). See figure 4, where cover (13) supports the lower part of second tray assembly (12) by rotation shaft (21) and is therefore considered to support the second portion of the tray on the rotation shaft.
In reference to claim 5, Lee discloses the claimed invention including:
the second portion (142/143) of the second tray (14) includes:
a first extension part (143) extending from a first point of the first portion (141); and
a second extension part (142) extending from a second point of the first portion (141).
In reference to claim 6, Lee discloses the claimed invention including:
the second tray cover (13) supports the first extension part (143) of the second portion and the second extension part (142) of the second portion.
In reference to claim 7, Lee discloses the claimed invention including:
the second tray (14) is inserted into the second tray cover (13), a portion of the second tray (142) protrudes from the second tray cover through the opening (as defined in the annotated reference above with respect to claim 1).
In reference to claim 8, Lee discloses the claimed invention including:
the second tray cover (13) includes:
a first wall (top wall of 13) having a first surface (bottom surface) forming a first portion of the opening; and
a second wall (132) having a second surface (outer surface) forming a second portion of the opening (see below).
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In reference to claim 15, Lee discloses the claimed invention including:
one or more of the first wall (13) and the second wall (132) is provided with a coupling part to be coupled to the second tray (14). Note that there must be some part on either the first or second wall of cover (13) which would allow the cover (13) and second tray (14) to be coupled together as seen in figure 8.
In reference to claim 18, Lee discloses the claimed invention including:
at least one of the first wall (13 top) or the second wall includes a coupling part (135) protruding from at least one of the first surface of the first wall or the second surface of the second wall, see figure 5.
In reference to claim 19, Lee discloses the claimed invention including:
a coupling member (136) inserted into the coupling part to pass through the second tray and then is coupled to the coupling part [0029].
In reference to claim 20, Lee discloses the claimed invention including:
A refrigerator comprising:
a storage chamber configured to store food [0002-0004]; and
an ice maker of claim 1 (see rejection of claim 1 supra).
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, 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.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied supra, as modified.
In reference to claims 9-12, Lee as modified discloses the claimed invention.
Lee fails to disclose the particular shape of second tray cover as claimed. However, there is no evidence of record that the shape of the second tray cover is significant in any way. Further it appears that the apparatus of Lee would work equally well if the shape of the second tray cover was any shape as long as it supported and covered the first tray. Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was filed, to modify Lee such that the shape of the second tray cover was shaped as claimed since it has been held the configuration of a claimed apparatus was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed invention was significant, see MPEP 2144.04 (IV)(B).
Allowable Subject Matter
Claims 13, 14, 16, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763