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 .
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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1-29 are objected to because of the following informalities:
Claim 1, line 10: “a temperature sensed” should read “the temperature sensed”
Claim 4, line 2: “a temperature sensed” should read “the temperature sensed”
Claim 14, line 10: “a temperature sensed” should read “the temperature sensed”
Claim 19, line 2: “a temperature sensed” should read “the temperature sensed”
Claims 2-5, 9-11, 13, and 18-19 are also objected to by virtue of their dependency on claim 1.
Claims 6-8 are also objected to by virtue of their dependency on claim 5.
Claim 12 is also objected to by virtue of its dependency on claim 11.
Claims 15-17 are also objected to by virtue of their dependency on claim 14.
Appropriate correction is required.
Applicant is advised that should claim 3 be found allowable, claim 18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Applicant is advised that should claim 4 be found allowable, claim 19 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 1-20 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 1, lines 9-24 recite, “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time, and wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 2 recites the limitation "the defrosting process" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the defrosting process" in line 1 of claim 2 to “a defrosting process”.
Claim 2, lines 1-3 recite, “wherein when the defrosting process is completed, the heating amount of the heater is controlled to be changed to the heating amount of the heater in the one section” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 3, lines 1-2 recite, “wherein the plurality of sections is divided based on a predetermined time” which is unclear to the Examiner as to how the predetermined time of claim 3 relates to the previously claimed predetermined time when the heater operates of claim 1 from which claim 3 depends. For purposes of examination, the Examiner will interpret the predetermined times of claims 1 and 3 to be different predetermined time. The Examiner recommends amending the claims to clarify any relation between the predetermined times.
Claim 3, lines 1-2 recite, “wherein the plurality of sections is divided based on a predetermined time” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 4, lines 1-2 recite, “wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 5, lines 1-3 recite, “wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 6, lines 1-2 recite, “wherein, the ice separation process starts when a certain amount of time has passed while the heater is tuned off” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 7, lines 1-3 recite, “wherein, the ice separation process starts when a temperature sensed by the temperature sensor reaches a reference temperature while the heater is tuned off” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 8, lines 1-3 recite, “further comprising an ice separation heater, wherein, when the condition for start of the ice separation process is satisfied, the ice separation heater is turned on” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 14, lines 9-25 recite, “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature, and wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 15, lines 1-9 recite, “when the defrosting start condition is not satisfied in the ice making process in the one section, the initial heating amount of the heater is controlled to be maintained in the one section, wherein the one section is a first section when an initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections after the first section during the ice making process” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 15 recites the limitation "the defrosting process" in line 6. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the defrosting process" in line 6 of claim 15 to “a defrosting process”.
Claim 16, lines 1-7 recite, “wherein the one section is a first section when the initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections prior to the first section during the ice making process” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 16 recites the limitation "the defrosting process" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the defrosting process" in line 3 of claim 16 to “a defrosting process”.
Claim 17 recites the limitation "the defrosting process" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the defrosting process" in line 1 of claim 17 to “a defrosting process”.
Claim 17, lines 1-3 recite, “wherein the defrosting process is completed, the heating amount of the heater is controlled to be changed to the initial heating amount of the heater in the one section” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 18, lines 1-2 recite, “wherein the plurality of sections is divided based on a predetermined time” which is unclear to the Examiner as to how the predetermined time of claim 18 relates to the previously claimed predetermined time when the heater operates of claim 1 from which claim 18 depends. For purposes of examination, the Examiner will interpret the predetermined times of claims 1 and 18 to be different predetermined time. The Examiner recommends amending the claims to clarify any relation between the predetermined times.
Claim 18, lines 1-2 recite, “wherein the plurality of sections is divided based on a predetermined time” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 19, lines 1-2 recite, “wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claim 20, lines 9-25 recite, “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor, and the heating amount of the heater is controlled to vary in the plurality of sections during the ice making process, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, and wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” which renders indefinite the metes and bounds sought for protection of the claim. In the instant case, the claim recites both an apparatus and process in the same claim. Per MPEP 2173.05(p): “[a] single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The Examiner recommends claiming a controller capable of performing these control operations. For purposes of examination, these limitations will be interpreted as purely functional recitations of the claim.
Claims 2-5, 9-11, 13, and 18-19 are also rejected by virtue of their dependency on claim 1.
Claims 6-8 are also rejected by virtue of their dependency on claim 5.
Claim 12 is also rejected by virtue of its dependency on claim 11.
Claims 15-17 are also rejected by virtue of their dependency on claim 14.
Claim Rejections - 35 USC § 103
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 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 1-2, 4-10, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 20130014536), hereinafter Son in view of Takahashi et al. (US Patent No. 6,935,124), hereinafter Takahashi and Morishita et al. (WO 2012124075), hereinafter Morishita.
Regarding claim 1, Son discloses a refrigerator (Fig. 1, refrigerator 1) comprising:
a storage chamber configured to store food (Fig. 2, refrigerating compartment 3, freezing compartment 4; Further, the refrigerating compartment 3 and freezing compartment 4 of Son have the same structure as the claimed storage chamber and are capable of functioning in the manner claimed);
a cooler configured to supply cold into the storage chamber (Pg. 1, paragraph 3, In general, refrigerators are home appliances for storing foods at a low temperature in an inner storage space covered by a door. That is, since such a refrigerator cools the inside of the storage space using cool air generated by heat exchanging with a refrigerant circulating a refrigeration cycle, foods stored in the storage space may be stored in a refrigerated or frozen state; Further, the teachings of Son at least imply a cooler configured to supply cold into the storage chamber since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
a first tray defining a first portion of a cell, which is a space in which liquid is phase-changed into ice by the cold (Fig. 3, upper tray 110, recessed part 113; Fig. 6, shell 150; Pg. 4, paragraph 64, The upper tray 110 may be formed of a metal material. Also, the upper tray 110 may be configured to quickly freeze water within the shell 150 through thermal conduction);
However, Son does not disclose a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and
a heater configured to supply heat into the cell,
wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature,
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections,
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time.
Takahashi teaches a temperature sensor configured to sense a temperature of the liquid or the ice within the cell (Fig. 18, ice making tray 301, thermistors 315 and 316; Col. 18, lines 29-38, Water is supplied, by means of the water feed pump 311, into the ice making tray 301 from the feed water tank 312 through a water feed nozzle 309 which penetrates a heat insulating material 314 for preventing water freezing. The temperatures of the upper side face and the bottom part of the ice making tray 301 are detected by a thermistor 315, which is an example of first temperature detecting means of this invention, and a thermistors 316, which is an example of second temperature detecting means of this invention, respectively); and
a heater configured to supply heat into the cell (Fig. 1, heater wire 308; Col. 18, lines 64-67, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part),
wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature (Fig. 22, S4-S10; Col. 19, lines 28-36, An embodiment 8 will be described with reference to a control flowchart shown in FIG. 22. As shown in FIG. 22, when the temperature shown by the thermistor 316 provided at the bottom part of the ice making tray 301 becomes equal to or lower than -10° C., the process continues to the following step. Heating by the heater wire 308 continues until the temperature shown by the thermistor 315 provided on the upper side face of the ice making tray 301 becomes equal to or higher than -1 ° C; Further, the Examiner notes the recitation of “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above),
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections (See annotated Fig. 20(a)-20(b) below, plurality of sections A; Col. 18-19, lines 64-67 and 1-8, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part. Therefore, freezing of water begins from the center of the bottom part. If the temperature of the side face of the ice making tray 301 is higher than that at the center thereof, the dissolved gas or hard ions are not trapped in the ice and diffused to the vicinity of the side face of the ice making tray, and an extremely small amount of impurities is deposited on the side face of the tray. Therefore, the resulting ice is extremely transparent at the core; Further, the teachings of Takahashi at least imply the use of the heater slows the rate of cooling compared to not having a heater since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01); As best understood, see 112(b) rejections above),
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time (Fig. 22, steps S12-S13; Col. 19, lines 42-49, The amount of water supplied at a time is 0.2 ml, for example, and the water is supplied every 2 minutes. While supplying water, the ice making tray 301 is also reciprocated at a low speed horizontally or pivotally with an rotation angle of about +30 degrees. After a lapse of 1 hour and 45 minutes from the start of supply of water, for example, the water feed pump 311, the reciprocation by the actuator 307 and heating by the heater wire 308 are stopped; Further, the Examiner notes the recitation of “wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son of claim 1 to include a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and a heater configured to supply heat into the cell, wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time as taught by Takahashi. One of ordinary skill in the art would have been motivated to make this modification to provide extremely transparent ice (Takahashi, Col 19, lines 1-8).
Further, Son as modified does not disclose wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced.
Morishita teaches wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced (Fig. 12, steps 104-106; Pg. 6, In step # 104, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped below freezing point. When the temperature falls below the freezing point, the process proceeds to step # 105. Step # 105 is an ice melting step. The controller 50 energizes the heater 31 for “rapid heating” for a predetermined time to heat the ice tray 20. Even if the measurement error of the thermistor 25 delays the transition from step # 104 to step # 105 and ice is attached to the inner surface of the ice making cell 21, the ice melts at this stage. Therefore, it is possible to proceed to step # 106 without generating residual ice that hinders obtaining homogeneous transparent ice. In step # 105, the controller 50 energizes the heater 31 for “rapid heating” regardless of whether the compressor 51 is operating or stopped. Thereby, melting of ice can be advanced at a stretch. Step # 106 is a freezing progress step. The controller 50 energizes the heater 31 for “normal heating” until the temperature measured by the thermistor 25 drops to a predetermined temperature. When the compressor 51 enters a stop period in the middle of step # 106, the control unit 50 stops energizing the heater 31 and avoids unnecessary power consumption. However, there is a possibility that freezing has occurred on the inner surface of the ice tray 20 when the operation of the compressor 51 is resumed by stopping energization of the heater 31. Therefore, after restarting the operation of the compressor 51, the heater 31 is energized for "rapid heating" for a certain period of time, and if freezing occurs on the inner surface of the ice tray 20, it is melted. Thereby, although energization to heater 31 is intermittent, generation of transparent
ice can be performed continuously; Further, the Examiner notes the recitation of “wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son as modified wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced as taught by Morishita. One of ordinary skill in the art would have been motivated to make this modification to avoid unnecessary power consumption (Morishita, Pg. 6).
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Annotated Fig. 20(a) and 20(b) of Takahashi
Regarding claim 2, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein when the defrosting process is completed, the heating amount of the heater is controlled to be changed to the heating amount of the heater in the one section (Fig. 12, steps 104-106; Pg. 6, In step # 104, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped below freezing point. When the temperature falls below the freezing point, the process proceeds to step # 105. Step # 105 is an ice melting step. The controller 50 energizes the heater 31 for “rapid heating” for a predetermined time to heat the ice tray 20. Even if the measurement error of the thermistor 25 delays the transition from step # 104 to step # 105 and ice is attached to the inner surface of the ice making cell 21, the ice melts at this stage. Therefore, it is possible to proceed to step # 106 without generating residual ice that hinders obtaining homogeneous transparent ice. In step # 105, the controller 50 energizes the heater 31 for “rapid heating” regardless of whether the compressor 51 is operating or stopped. Thereby, melting of ice can be advanced at a stretch. Step # 106 is a freezing progress step. The controller 50 energizes the heater 31 for “normal heating” until the temperature measured by the thermistor 25 drops to a predetermined temperature. When the compressor 51 enters a stop period in the middle of step # 106, the control unit 50 stops energizing the heater 31 and avoids unnecessary power consumption. However, there is a possibility that freezing has occurred on the inner surface of the ice tray 20 when the operation of the compressor 51 is resumed by stopping energization of the heater 31. Therefore, after restarting the operation of the compressor 51, the heater 31 is energized for "rapid heating" for a certain period of time, and if freezing occurs on the inner surface of the ice tray 20, it is melted. Thereby, although energization to heater 31 is intermittent, generation of transparent ice can be performed continuously; Further, the Examiner notes the recitation of “wherein when the defrosting process is completed, the heating amount of the heater is controlled to be changed to the heating amount of the heater in the one section” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above). Further, the limitations of claim 2 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 4, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor (See annotated Fig. 20(a)-20(b) below, plurality of sections A are based on the temperatures senses between points A and B of the cell; As best understood, see 112(b) rejections above). Further, the limitations of claim 4 are the result of the modification of references used in the rejection of claim 1 above.
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Annotated Fig. 20(a) and 20(b) of Takahashi
Regarding the Morishita rejection of claim 5, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein an ice separation process starts after the ice is made (Son, Fig. 3, ice separation heater 161; Pg. 5, paragraph 85, After ice pieces are made in the plurality of shells 150, the ice pieces are separated as shown in FIG. 11. In detail, after ice pieces are made, the ice separation heater 161 attached to the top surface of the upper tray 110 is operated. The ice separation heater 161 heats the upper tray 110 formed of the metal material to melt a portion of the globular or spherical ice piece contacting a surface of the upper tray 110. Thus, the globular ice piece may be separated from the recessed part 113 of the upper tray 110).
However, Son as modified does not explicitly disclose wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied.
Morishita teaches wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied (Fig. 12, steps 107-109; Pg. 6, In step # 107, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped to a predetermined temperature. When the temperature measured by the thermistor 25 drops to a predetermined temperature, for example, minus 9 ° C., it is determined that ice making is completed, and the process proceeds to step # 108. The control unit 50 stops energizing the heater 31 in step # 108. When the predetermined time has elapsed, it is determined that the generation of transparent ice has been ensured, and the process proceeds to step # 109. In step # 109, the control unit 50 causes the ice removing device 24 to perform the reversing operation of the ice tray 20. When the ice making device 24 rotates the ice tray 20 around the support shaft 22, the protrusion 48 hits a stopper (not shown) formed on the ice tray casing 12 just before the upside down is completed. Since the ice removing device 24 continues to rotate the ice tray 20 by a predetermined angle thereafter, the ice tray 20 is twisted and deformed. As described above, a gap 47 is provided between the windshield plate 45 and the cover 34 so as not to cause mutual contact even when the ice tray 20 is twisted, so that the edge of the cover 34 and the windshield 45 are rubbed together. No squeaks or wears out. When the ice tray 20 is twisted, the ice in the ice making cell 21 is pushed out and falls into an ice container (not shown) placed in the ice making chamber 4; Further, the Examiner notes the recitation of “an ice separation process starts when a condition for start of the ice separation process is satisfied” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Son as modified fails to teach wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied, however Morishita teaches that it is a known method in the art of transparent ice making to include wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. removing ice from the ice making tray for consumer use). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Morishita and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of removing ice from the ice making tray for consumer use.
Regarding the Takahashi rejection of claim 5, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein an ice separation process starts after the ice is made (Son, Fig. 3, ice separation heater 161; Pg. 5, paragraph 85, After ice pieces are made in the plurality of shells 150, the ice pieces are separated as shown in FIG. 11. In detail, after ice pieces are made, the ice separation heater 161 attached to the top surface of the upper tray 110 is operated. The ice separation heater 161 heats the upper tray 110 formed of the metal material to melt a portion of the globular or spherical ice piece contacting a surface of the upper tray 110. Thus, the globular ice piece may be separated from the recessed part 113 of the upper tray 110).
However, Son as modified does not explicitly disclose wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied.
Takahashi teaches wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied (Fig. 22, steps S14-S8; Col. 19, lines 42-59, The amount of water supplied at a time is 0.2 ml, for example, and the water is supplied every 2 minutes. While supplying water, the ice making tray 301 is also reciprocated at a low speed horizontally or pivotally with an rotation angle of about +30 degrees. After a lapse of 1 hour and 45 minutes from the start of supply of water, for example, the water feed pump 311, the reciprocation by the actuator 307 and heating by the heater wire 308 are stopped. When the temperature of the upper side face of the ice making tray 301 becomes equal to or lower than -10° C., it is determined that ice making is completed, the ice is released from the ice making tray 301 by, for example, the actuator 307 giving a twist to the ice making tray 301, and the released ice is stored in the ice storage compartment 304. When the ice is released, the ice making tray 301 is placed in a horizontal position again, and when it is confirmed that it is in a horizontal position, the heating step in the following ice making process is started; Further, the Examiner notes the recitation of “an ice separation process starts when a condition for start of the ice separation process is satisfied” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Son as modified fails to teach wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied, however Takahashi teaches that it is a known method in the art of transparent ice making to include wherein, after the heater is turned off, an ice separation process starts when a condition for start of the ice separation process is satisfied. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. removing ice from the ice making tray for consumer use). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Takahashi and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of removing ice from the ice making tray for consumer use.
Regarding claim 6, Son as modified discloses the refrigerator of claim 5 (see the combination of references used in the Morishita rejection of claim 5 above), wherein, the ice separation process starts when a certain amount of time has passed while the heater is tuned off (Morishita, Fig. 12, steps 107-109; Pg. 6, In step # 107, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped to a predetermined temperature. When the temperature measured by the thermistor 25 drops to a predetermined temperature, for example, minus 9 ° C., it is determined that ice making is completed, and the process proceeds to step # 108. The control unit 50 stops energizing the heater 31 in step # 108. When the predetermined time has elapsed, it is determined that the generation of transparent ice has been ensured, and the process proceeds to step # 109. In step # 109, the control unit 50 causes the ice removing device 24 to perform the reversing operation of the ice tray 20. When the ice making device 24 rotates the ice tray 20 around the support shaft 22, the protrusion 48 hits a stopper (not shown) formed on the ice tray casing 12 just before the upside down is completed. Since the ice removing device 24 continues to rotate the ice tray 20 by a predetermined angle thereafter, the ice tray 20 is twisted and deformed. As described above, a gap 47 is provided between the windshield plate 45 and the cover 34 so as not to cause mutual contact even when the ice tray 20 is twisted, so that the edge of the cover 34 and the windshield 45 are rubbed together. No squeaks or wears out. When the ice tray 20 is twisted, the ice in the ice making cell 21 is pushed out and falls into an ice container (not shown) placed in the ice making chamber 4). Further, the limitations of claim 6 are the result of the modification of references used in the Morishita rejection of claim 5 above.
Regarding claim 7, Son as modified discloses the refrigerator of claim 5 (see the combination of references used in the Takahashi rejection of claim 5 above), wherein, the ice separation process starts when a temperature sensed by the temperature sensor reaches a reference temperature while the heater is tuned off (Takahashi, Fig. 22, steps S14-S8; Col. 19, lines 42-59, The amount of water supplied at a time is 0.2 ml, for example, and the water is supplied every 2 minutes. While supplying water, the ice making tray 301 is also reciprocated at a low speed horizontally or pivotally with an rotation angle of about +30 degrees. After a lapse of 1 hour and 45 minutes from the start of supply of water, for example, the water feed pump 311, the reciprocation by the actuator 307 and heating by the heater wire 308 are stopped. When the temperature of the upper side face of the ice making tray 301 becomes equal to or lower than -10° C., it is determined that ice making is completed, the ice is released from the ice making tray 301 by, for example, the actuator 307 giving a twist to the ice making tray 301, and the released ice is stored in the ice storage compartment 304. When the ice is released, the ice making tray 301 is placed in a horizontal position again, and when it is confirmed that it is in a horizontal position, the heating step in the following ice making process is started; Further, the Examiner notes the recitation of “wherein, the ice separation process starts when a temperature sensed by the temperature sensor reaches a reference temperature while the heater is tuned off” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above). Further, the limitations of claim 7 are the result of the modification of references used in the Takahashi rejection of claim 5 above.
Regarding claim 8, Son as modified discloses the refrigerator of claim 5 (see the combination of references used in the Morishita rejection of claim 5 above), further comprising an ice separation heater, wherein, when the condition for start of the ice separation process is satisfied, the ice separation heater is turned on (Son, Fig. 3, ice separation heater 161; Pg. 5, paragraph 85, After ice pieces are made in the plurality of shells 150, the ice pieces are separated as shown in FIG. 11. In detail, after ice pieces are made, the ice separation heater 161 attached to the top surface of the upper tray 110 is operated. The ice separation heater 161 heats the upper tray 110 formed of the metal material to melt a portion of the globular or spherical ice piece contacting a surface of the upper tray 110. Thus, the globular ice piece may be separated from the recessed part 113 of the upper tray 110). Further, the limitations of claim 8 are the result of the modification of references used in the Morishita rejection of claim 5 above.
Regarding claim 8, Son as modified discloses the refrigerator of claim 5 (see the combination of references used in the Takahashi rejection of claim 5 above), further comprising an ice separation heater, wherein, when the condition for start of the ice separation process is satisfied, the ice separation heater is turned on (Son, Fig. 3, ice separation heater 161; Pg. 5, paragraph 85, After ice pieces are made in the plurality of shells 150, the ice pieces are separated as shown in FIG. 11. In detail, after ice pieces are made, the ice separation heater 161 attached to the top surface of the upper tray 110 is operated. The ice separation heater 161 heats the upper tray 110 formed of the metal material to melt a portion of the globular or spherical ice piece contacting a surface of the upper tray 110. Thus, the globular ice piece may be separated from the recessed part 113 of the upper tray 110). Further, the limitations of claim 8 are the result of the modification of references used in the Takahashi rejection of claim 5 above.
Regarding claim 9, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a second tray defining a second portion of the cell, the second tray being disposed to be relatively movable with respect to the first tray (Song, Fig. 3, lower tray 120; Fig. 6, recessed part 125; Pg. 3, paragraph 49, In more detail, the lower tray 120 has an approximately square shape. Also, the lower tray 120 has a recessed part 125 having a hemispherical shape so that a portion less than half of the globular ice piece is made; Pg. 4, paragraph 66, Thus, the rotating arm 130 may be further rotated in a counterclockwise direction as shown in FIG. 5 In a state where the lower tray 120 is in the closed state to allow the elastic member 131 to extend. Also, the lower tray 120 may be attached to the upper tray 110 by the elastic force of the elastic member 131 to reduce water from leaking during the making of ice);
a first tray case having a portion surrounding the first tray (Fig. 3 of Son depicts tray part 112 to surround the upper tray 110).
Regarding claim 10, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a second tray defining a second portion of the cell (Song, Fig. 3, lower tray 120; Fig. 6, recessed part 125; Pg. 3, paragraph 49, In more detail, the lower tray 120 has an approximately square shape. Also, the lower tray 120 has a recessed part 125 having a hemispherical shape so that a portion less than half of the globular ice piece is made; Pg. 4, paragraph 66, Thus, the rotating arm 130 may be further rotated in a counterclockwise direction as shown in FIG. 5 In a state where the lower tray 120 is in the closed state to allow the elastic member 131 to extend. Also, the lower tray 120 may be attached to the upper tray 110 by the elastic force of the elastic member 131 to reduce water from leaking during the making of ice);
a second tray case having a portion surrounding the second tray (Song, Fig. 3, tray case 121; Pg. 3, paragraph 50, The lower tray 120 may include a tray case 121 defining an outer appearance, a tray body 123 mounted on the tray case 121 to form the recessed part 125 that is a space for making an ice piece, and a tray cover 126 for fixing and mounting the tray body 123 to the tray case 121); and
a first tray case having a portion surrounding the first tray (Fig. 3 of Son depicts tray part 112 to surround the upper tray 110).
Regarding claim 19, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor (See annotated Fig. 20(a)-20(b) below, plurality of sections A are based on the temperatures senses between points A and B of the cell; As best understood, see 112(b) rejections above). Further, the limitations of claim 19 are the result of the modification of references used in the rejection of claim 1 above.
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Annotated Fig. 20(a) and 20(b) of Takahashi
Regarding claim 20, Son discloses a refrigerator (Fig. 1, refrigerator 1) comprising:
a storage chamber configured to store food (Fig. 2, refrigerating compartment 3, freezing compartment 4; Further, the refrigerating compartment 3 and freezing compartment 4 of Son have the same structure as the claimed storage chamber and are capable of functioning in the manner claimed);
a cooler configured to supply cold into the storage chamber (Pg. 1, paragraph 3, In general, refrigerators are home appliances for storing foods at a low temperature in an inner storage space covered by a door. That is, since such a refrigerator cools the inside of the storage space using cool air generated by heat exchanging with a refrigerant circulating a refrigeration cycle, foods stored in the storage space may be stored in a refrigerated or frozen state; Further, the teachings of Son at least imply a cooler configured to supply cold into the storage chamber since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
a first tray defining a first portion of a cell, which is a space in which liquid is phase-changed into ice by the cold (Fig. 3, upper tray 110, recessed part 113; Fig. 6, shell 150; Pg. 4, paragraph 64, The upper tray 110 may be formed of a metal material. Also, the upper tray 110 may be configured to quickly freeze water within the shell 150 through thermal conduction);
However, Son does not disclose a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and
a heater configured to supply heat into the cell,
wherein the heater is turned on only when a turn-on condition of the heater is satisfied,
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections,
wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor, and the heating amount of the heater is controlled to vary in the plurality of sections during the ice making process,
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied.
Takahashi teaches a temperature sensor configured to sense a temperature of the liquid or the ice within the cell (Fig. 18, ice making tray 301, thermistors 315 and 316; Col. 18, lines 29-38, Water is supplied, by means of the water feed pump 311, into the ice making tray 301 from the feed water tank 312 through a water feed nozzle 309 which penetrates a heat insulating material 314 for preventing water freezing. The temperatures of the upper side face and the bottom part of the ice making tray 301 are detected by a thermistor 315, which is an example of first temperature detecting means of this invention, and a thermistors 316, which is an example of second temperature detecting means of this invention, respectively); and
a heater configured to supply heat into the cell (Fig. 1, heater wire 308; Col. 18, lines 64-67, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part),
wherein the heater is turned on only when a turn-on condition of the heater is satisfied (Fig. 22, S4-S10; Col. 19, lines 28-36, An embodiment 8 will be described with reference to a control flowchart shown in FIG. 22. As shown in FIG. 22, when the temperature shown by the thermistor 316 provided at the bottom part of the ice making tray 301 becomes equal to or lower than -10° C., the process continues to the following step. Heating by the heater wire 308 continues until the temperature shown by the thermistor 315 provided on the upper side face of the ice making tray 301 becomes equal to or higher than -1 ° C; Further, the Examiner notes the recitation of “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above),
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections (See annotated Fig. 20(a)-20(b) below, plurality of sections A; Col. 18-19, lines 64-67 and 1-8, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part. Therefore, freezing of water begins from the center of the bottom part. If the temperature of the side face of the ice making tray 301 is higher than that at the center thereof, the dissolved gas or hard ions are not trapped in the ice and diffused to the vicinity of the side face of the ice making tray, and an extremely small amount of impurities is deposited on the side face of the tray. Therefore, the resulting ice is extremely transparent at the core; Further, the teachings of Takahashi at least imply the use of the heater slows the rate of cooling compared to not having a heater since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01); As best understood, see 112(b) rejections above),
wherein the plurality of sections is divided based on a temperature sensed by the temperature sensor, and the heating amount of the heater is controlled to vary in the plurality of sections during the ice making process (See annotated Fig. 20(a)-20(b) below, plurality of sections A are based on the temperatures senses between points A and B of the cell; As best understood, see 112(b) rejections above),
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied (Fig. 22, steps S12-S13; Col. 19, lines 42-49, The amount of water supplied at a time is 0.2 ml, for example, and the water is supplied every 2 minutes. While supplying water, the ice making tray 301 is also reciprocated at a low speed horizontally or pivotally with an rotation angle of about +30 degrees. After a lapse of 1 hour and 45 minutes from the start of supply of water, for example, the water feed pump 311, the reciprocation by the actuator 307 and heating by the heater wire 308 are stopped; Further, the Examiner notes the recitation of “wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son of claim 20 to include a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and a heater configured to supply heat into the cell, wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time as taught by Takahashi. One of ordinary skill in the art would have been motivated to make this modification to provide extremely transparent ice (Takahashi, Col 19, lines 1-8).
Further, Son as modified does not disclose wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced.
Morishita teaches wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced (Fig. 12, steps 104-106; Pg. 6, In step # 104, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped below freezing point. When the temperature falls below the freezing point, the process proceeds to step # 105. Step # 105 is an ice melting step. The controller 50 energizes the heater 31 for “rapid heating” for a predetermined time to heat the ice tray 20. Even if the measurement error of the thermistor 25 delays the transition from step # 104 to step # 105 and ice is attached to the inner surface of the ice making cell 21, the ice melts at this stage. Therefore, it is possible to proceed to step # 106 without generating residual ice that hinders obtaining homogeneous transparent ice. In step # 105, the controller 50 energizes the heater 31 for “rapid heating” regardless of whether the compressor 51 is operating or stopped. Thereby, melting of ice can be advanced at a stretch. Step # 106 is a freezing progress step. The controller 50 energizes the heater 31 for “normal heating” until the temperature measured by the thermistor 25 drops to a predetermined temperature. When the compressor 51 enters a stop period in the middle of step # 106, the control unit 50 stops energizing the heater 31 and avoids unnecessary power consumption. However, there is a possibility that freezing has occurred on the inner surface of the ice tray 20 when the operation of the compressor 51 is resumed by stopping energization of the heater 31. Therefore, after restarting the operation of the compressor 51, the heater 31 is energized for "rapid heating" for a certain period of time, and if freezing occurs on the inner surface of the ice tray 20, it is melted. Thereby, although energization to heater 31 is intermittent, generation of transparent
ice can be performed continuously; Further, the Examiner notes the recitation of “wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son as modified wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced as taught by Morishita. One of ordinary skill in the art would have been motivated to make this modification to avoid unnecessary power consumption (Morishita, Pg. 6).
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Annotated Fig. 20(a) and 20(b) of Takahashi
Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Son as modified by Takahashi and Morishita as applied to claim 1 above, and further in view of Kim et al. (US Patent No. 8,371,133), hereinafter Kim
Regarding claim 3, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Son as modified does not disclose wherein the plurality of sections is divided based on a predetermined time.
Kim teaches wherein the plurality of sections is divided based on a predetermined time (Fig. 7, step S20; Col. 6, lines 28-34 and 43-46, The control of the heater is made in two methods. First, the control unit controls a voltage of a preset range to be applied to the heater within the preset range selectively for making the rate of the ice formation faster, or second, the control unit controls a time period of application of power for making a heating time period of the heater to be within a certain range of time period, to improve the rate of ice formation… In the second method control, for an example, the heater may be controlled by repeating turning on of the heater for five seconds with ½power, and then turning off the heater for five seconds).
Son as modified fails to teach wherein the plurality of sections is divided based on a predetermined time, however Kim teaches that it is a known method in the art of transparent ice making to include wherein the plurality of sections is divided based on a predetermined time. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. improving the energy efficiency of the refrigerator). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Kim and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the energy efficiency of the refrigerator.
Regarding claim 18, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Son as modified does not disclose wherein the plurality of sections is divided based on a predetermined time.
Kim teaches wherein the plurality of sections is divided based on a predetermined time (Fig. 7, step S20; Col. 6, lines 28-34 and 43-46, The control of the heater is made in two methods. First, the control unit controls a voltage of a preset range to be applied to the heater within the preset range selectively for making the rate of the ice formation faster, or second, the control unit controls a time period of application of power for making a heating time period of the heater to be within a certain range of time period, to improve the rate of ice formation… In the second method control, for an example, the heater may be controlled by repeating turning on of the heater for five seconds with ½power, and then turning off the heater for five seconds).
Son as modified fails to teach wherein the plurality of sections is divided based on a predetermined time, however Kim teaches that it is a known method in the art of transparent ice making to include wherein the plurality of sections is divided based on a predetermined time. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. improving the energy efficiency of the refrigerator). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Kim and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the energy efficiency of the refrigerator.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Son as modified by Takahashi and Morishita as applied to claim 1 above, and further in view of Son et al. (US 20130014535), hereinafter Son ‘535.
Regarding claim 11, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a second tray defining a second portion of the cell (Song, Fig. 3, lower tray 120; Fig. 6, recessed part 125; Pg. 3, paragraph 49, In more detail, the lower tray 120 has an approximately square shape. Also, the lower tray 120 has a recessed part 125 having a hemispherical shape so that a portion less than half of the globular ice piece is made; Pg. 4, paragraph 66, Thus, the rotating arm 130 may be further rotated in a counterclockwise direction as shown in FIG. 5 In a state where the lower tray 120 is in the closed state to allow the elastic member 131 to extend. Also, the lower tray 120 may be attached to the upper tray 110 by the elastic force of the elastic member 131 to reduce water from leaking during the making of ice);
a pusher including at least one column to separate the ice from the first portion of the cell during an ice separation process (Son, Fig. 13, upper ejecting pin 261; Pg. 6, paragraph 105, As shown in FIG. 14, when the upper tray 110 is rotated by about 45° in a counterclockwise direction, the upper ejecting pin 261 may pass through the air hole 115 to push the ice piece attached to the upper tray 110, thereby separating the ice piece from the upper tray 110), and
a first tray case having a portion surrounding the first tray (Fig. 3 of Son depicts tray part 112 to surround the upper tray 110).
However, Son as modified does not disclose the pusher receiving a power of a driver.
Son ‘535 teaches the pusher receiving a power of a driver (Fig. 15, ejecting unit 250, disks 251, rode 252, ejector 253, ejecting pins 253a, connection member 253b, driving unit 130; Pg. 5, paragraph 90, In detail, the disk 252 has a circular plate shape and is coupled to a driving shaft 132 rotated by a motor 131. The rod 252 converts a rotation movement of the disk 251 into a linear movement of the ejector 253. Also, the rod 252 has a predetermined length. Both ends of the rod 252 are shaft coupled to the disk 251 and the ejector 253, respectively. Here, a side of the rod 252 may be disposed on a position eccentrical to a rotation center of the disk 251).
Son as modified fails to teach the pusher receiving a power of a driver, however Son ‘535 teaches that it is a known method in the art of ice makers to include the pusher receiving a power of a driver. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. ejecting ice from the ice tray for consumer use). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Son ‘535 and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of ejecting ice from the ice tray for consumer use.
Regarding claim 12, Son as modified discloses the refrigerator of claim 11 (see the combination of references used in the rejection of claim 11 above), wherein the column is provided as a shape of a bar (Fig. 13 of Son depicts upper ejecting pin 261 to be in the shape of a bar; Pg. 6, paragraph 105, As shown in FIG. 14, when the upper tray 110 is rotated by about 45° in a counterclockwise direction, the upper ejecting pin 261 may pass through the air hole 115 to push the ice piece attached to the upper tray 110, thereby separating the ice piece from the upper tray 110). Further, regarding the shape of the column, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container 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 container was significant.” MPEP § 2144.04-IV-B.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Son as modified by Takahashi and Morishita as applied to claim 1 above, and further in view of Kataoka et al. (JPH05312447), herein after Kataoka.
Regarding claim 13, Son as modified discloses the refrigerator of claim 1 (see the combination of references used in the rejection of claim 1 above), further comprising:
a second tray defining a second portion of the cell, the second tray being disposed to be relatively movable with respect to the first tray (Song, Fig. 3, lower tray 120; Fig. 6, recessed part 125; Pg. 3, paragraph 49, In more detail, the lower tray 120 has an approximately square shape. Also, the lower tray 120 has a recessed part 125 having a hemispherical shape so that a portion less than half of the globular ice piece is made; Pg. 4, paragraph 66, Thus, the rotating arm 130 may be further rotated in a counterclockwise direction as shown in FIG. 5 In a state where the lower tray 120 is in the closed state to allow the elastic member 131 to extend. Also, the lower tray 120 may be attached to the upper tray 110 by the elastic force of the elastic member 131 to reduce water from leaking during the making of ice);
a second tray case having a portion surrounding the second tray, the second tray case including a second tray cover and a second tray supporter (Song, Fig. 3, tray case 121, tray cover 126, seat part 121a; Pg. 3, paragraph 50, The lower tray 120 may include a tray case 121 defining an outer appearance, a tray body 123 mounted on the tray case 121 to form the recessed part 125 that is a space for making an ice piece, and a tray cover 126 for fixing and mounting the tray body 123 to the tray case 121).
However, Son as modified does not disclose a heater case in which the heater is installed,
wherein the heater case is integrally formed with the second tray supporter or is separately provided to be coupled to the second tray supporter.
Kataoka teaches a heater case in which the heater is installed (Fig. 4, recessed heat insulating layer30, first ice making heater 32a, second ice making heater 32b),
wherein the heater case is integrally formed with the second tray supporter or is separately provided to be coupled to the second tray supporter (Fig. 8 of Kataoka depicts ice tray 33 to be supported on the inner surface of the heat insulating layer 30; Paragraph 15, 33 is an ice tray superimposed on the inner surface of the heat insulating layer 30 and has a projection 34 on the bottom).
Son as modified fails to teach a heater case in which the heater is installed,
wherein the heater case is integrally formed with the second tray supporter or is separately provided to be coupled to the second tray supporter, however Kataoka teaches that it is a known method in the art of transparent ice making to include a heater case in which the heater is installed, wherein the heater case is integrally formed with the second tray supporter or is separately provided to be coupled to the second tray supporter. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. producing transparent ice for consumer use). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Kataoka and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of producing transparent ice for consumer use.
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 20130014536), hereinafter Son in view of Takahashi et al. (US Patent No. 6,935,124), hereinafter Takahashi, Kim et al. (US Patent No. 8,371,133), hereinafter Kim, and Morishita et al. (WO 2012124075), hereinafter Morishita.
Regarding claim 14, Son discloses a refrigerator (Fig. 1, refrigerator 1) comprising:
a storage chamber configured to store food (Fig. 2, refrigerating compartment 3, freezing compartment 4; Further, the refrigerating compartment 3 and freezing compartment 4 of Son have the same structure as the claimed storage chamber and are capable of functioning in the manner claimed);
a cooler configured to supply cold into the storage chamber (Pg. 1, paragraph 3, In general, refrigerators are home appliances for storing foods at a low temperature in an inner storage space covered by a door. That is, since such a refrigerator cools the inside of the storage space using cool air generated by heat exchanging with a refrigerant circulating a refrigeration cycle, foods stored in the storage space may be stored in a refrigerated or frozen state; Further, the teachings of Son at least imply a cooler configured to supply cold into the storage chamber since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01));
a first tray defining a first portion of a cell, which is a space in which liquid is phase-changed into ice by the cold (Fig. 3, upper tray 110, recessed part 113; Fig. 6, shell 150; Pg. 4, paragraph 64, The upper tray 110 may be formed of a metal material. Also, the upper tray 110 may be configured to quickly freeze water within the shell 150 through thermal conduction);
However, Son does not disclose a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and
a heater configured to supply heat into the cell,
wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature,
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections,
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied.
Takahashi teaches a temperature sensor configured to sense a temperature of the liquid or the ice within the cell (Fig. 18, ice making tray 301, thermistors 315 and 316; Col. 18, lines 29-38, Water is supplied, by means of the water feed pump 311, into the ice making tray 301 from the feed water tank 312 through a water feed nozzle 309 which penetrates a heat insulating material 314 for preventing water freezing. The temperatures of the upper side face and the bottom part of the ice making tray 301 are detected by a thermistor 315, which is an example of first temperature detecting means of this invention, and a thermistors 316, which is an example of second temperature detecting means of this invention, respectively); and
a heater configured to supply heat into the cell (Fig. 1, heater wire 308; Col. 18, lines 64-67, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part),
wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature (Fig. 22, S4-S10; Col. 19, lines 28-36, An embodiment 8 will be described with reference to a control flowchart shown in FIG. 22. As shown in FIG. 22, when the temperature shown by the thermistor 316 provided at the bottom part of the ice making tray 301 becomes equal to or lower than -10° C., the process continues to the following step. Heating by the heater wire 308 continues until the temperature shown by the thermistor 315 provided on the upper side face of the ice making tray 301 becomes equal to or higher than -1 ° C; Further, the Examiner notes the recitation of “wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above),
wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections (See annotated Fig. 20(a)-20(b) below, plurality of sections A; Col. 18-19, lines 64-67 and 1-8, In addition, the temperature of the side face of the ice making tray 301 is, for example as shown in FIG. 20(b), -10° C. at the bottom and is kept, by the heater 308, at a temperature near 0° C. at the upper part. Therefore, freezing of water begins from the center of the bottom part. If the temperature of the side face of the ice making tray 301 is higher than that at the center thereof, the dissolved gas or hard ions are not trapped in the ice and diffused to the vicinity of the side face of the ice making tray, and an extremely small amount of impurities is deposited on the side face of the tray. Therefore, the resulting ice is extremely transparent at the core; Further, the teachings of Takahashi at least imply the use of the heater slows the rate of cooling compared to not having a heater since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01); As best understood, see 112(b) rejections above),
wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied (Fig. 22, steps S12-S13; Col. 19, lines 42-49, The amount of water supplied at a time is 0.2 ml, for example, and the water is supplied every 2 minutes. While supplying water, the ice making tray 301 is also reciprocated at a low speed horizontally or pivotally with an rotation angle of about +30 degrees. After a lapse of 1 hour and 45 minutes from the start of supply of water, for example, the water feed pump 311, the reciprocation by the actuator 307 and heating by the heater wire 308 are stopped; Further, the Examiner notes the recitation of “wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son of claim 14 to include a temperature sensor configured to sense a temperature of the liquid or the ice within the cell; and a heater configured to supply heat into the cell, wherein the heater is turned on only when a turn-on condition of the heater is satisfied, the turn-on condition of the heater being satisfied when a temperature sensed by the temperature sensor reaches a turn-on reference temperature, wherein, after the turn-on condition of the heater is satisfied, a heating amount of the heater is variably controlled so that a rate at which the liquid inside the cell is made into the ice during an ice making process is maintained within a predetermined range that is lower than an ice making rate when ice making is performed while the heater is turned off, the ice making process having a plurality of sections, and the heater being controlled to be operated with an initial heating amount corresponding to each section of the plurality of sections, wherein, after the heating amount of the heater is variably controlled, the heater is turned off when a turn-off condition of the heater is satisfied, the turn-off condition of the heater being satisfied when the heater operates for a predetermined time as taught by Takahashi. One of ordinary skill in the art would have been motivated to make this modification to provide extremely transparent ice (Takahashi, Col 19, lines 1-8).
Son as modified further does not disclose the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature.
Kim teaches the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature (Fig. 7, steps S20-S40; Col. 6, lines 47-60, After the heater control step (S20), the control unit determines whether the ice formation is finished or not (S30). The determination of finish of the ice formation is made with an ice making detector. The ice making detector (not shown) may make the control unit to determine the finish of the ice making either with temperature sensing of a temperature sensor (not shown) at one side of the cavity 120, or sensing a preset ice making time period based on experimental data on a time period required for the ice making, or both. If it is determined that the ice making is not finished in the step of S30, the process returns to the step of S20, and if it is determined that the ice making is finished in the step of S30, the control unit puts the ejector into operation, to eject the ice (S40); Further, the teachings of Kim at least imply the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)).
Son as modified fails to teach the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature, however Kim teaches that it is a known method in the art of transparent ice making to include the turn-off condition of the heater being satisfied when a temperature sensed by the temperature sensor is equal to or higher than a turn-off reference temperature. This is strong evidence that modifying Son as modified as claimed would produce predictable results (i.e. improving the energy efficiency of the refrigerator). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Son as modified by Kim and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of improving the energy efficiency of the refrigerator.
Further, Son as modified does not disclose wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced.
Morishita teaches wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced (Fig. 12, steps 104-106; Pg. 6, In step # 104, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped below freezing point. When the temperature falls below the freezing point, the process proceeds to step # 105. Step # 105 is an ice melting step. The controller 50 energizes the heater 31 for “rapid heating” for a predetermined time to heat the ice tray 20. Even if the measurement error of the thermistor 25 delays the transition from step # 104 to step # 105 and ice is attached to the inner surface of the ice making cell 21, the ice melts at this stage. Therefore, it is possible to proceed to step # 106 without generating residual ice that hinders obtaining homogeneous transparent ice. In step # 105, the controller 50 energizes the heater 31 for “rapid heating” regardless of whether the compressor 51 is operating or stopped. Thereby, melting of ice can be advanced at a stretch. Step # 106 is a freezing progress step. The controller 50 energizes the heater 31 for “normal heating” until the temperature measured by the thermistor 25 drops to a predetermined temperature. When the compressor 51 enters a stop period in the middle of step # 106, the control unit 50 stops energizing the heater 31 and avoids unnecessary power consumption. However, there is a possibility that freezing has occurred on the inner surface of the ice tray 20 when the operation of the compressor 51 is resumed by stopping energization of the heater 31. Therefore, after restarting the operation of the compressor 51, the heater 31 is energized for "rapid heating" for a certain period of time, and if freezing occurs on the inner surface of the ice tray 20, it is melted. Thereby, although energization to heater 31 is intermittent, generation of transparent
ice can be performed continuously; Further, the Examiner notes the recitation of “wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); As best understood, see 112(b) rejections above).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Son as modified wherein, when a defrosting start condition is satisfied in one section of the plurality of sections, an amount of the cold, which is supplied by the cooler, is reduced, and the initial heating amount of the heater in the one section is reduced as taught by Morishita. One of ordinary skill in the art would have been motivated to make this modification to avoid unnecessary power consumption (Morishita, Pg. 6).
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Annotated Fig. 20(a) and 20(b) of Takahashi
Regarding claim 15, Son as modified discloses the refrigerator of claim 14 (see the combination of references used in the rejection of claim 14 above), when the defrosting start condition is not satisfied in the ice making process in the one section, the initial heating amount of the heater is controlled to be maintained in the one section,
wherein the one section is a first section when an initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections after the first section during the ice making process (The Examiner notes the recitation of “when the defrosting start condition is not satisfied in the ice making process in the one section, the initial heating amount of the heater is controlled to be maintained in the one section, wherein the one section is a first section when an initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections after the first section during the ice making process” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); Further, In addition to structural limitations, claim 15 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “when the defrosting start condition is not satisfied in the ice making process in the one section, the initial heating amount of the heater is controlled to be maintained in the one section, wherein the one section is a first section when an initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections after the first section during the ice making process.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114; As best understood, see 112(b) rejections above).
Regarding claim 16, Son as modified discloses the refrigerator of claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the one section is a first section when the initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections prior to the first section during the ice making process (The Examiner notes the recitation of “wherein the one section is a first section when the initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections prior to the first section during the ice making process” is a contingent limitation in a system claim and it has been held "the broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur" (MPEP 2111.04, Section II); Further, In addition to structural limitations, claim 16 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “wherein the one section is a first section when the initial heating amount of the heater in a second section of the plurality of sections is less than the heating amount of the heater in the first section when the defrosting process starts in the first section, the heating amount of the heater in the first section is controlled to be changed to the initial heating amount in the second section, the second section being a section of the plurality of sections prior to the first section during the ice making process.” When the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP § 2114; As best understood, see 112(b) rejections above).
Regarding claim 17, Son as modified discloses the refrigerator of claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the defrosting process is completed, the heating amount of the heater is controlled to be changed to the initial heating amount of the heater in the one section (Morishita, Fig. 12, steps 107-109; Pg. 6, In step # 107, the control unit 50 checks whether or not the temperature measured by the thermistor 25 has dropped to a predetermined temperature. When the temperature measured by the thermistor 25 drops to a predetermined temperature, for example, minus 9 ° C., it is determined that ice making is completed, and the process proceeds to step # 108. The control unit 50 stops energizing the heater 31 in step # 108. When the predetermined time has elapsed, it is determined that the generation of transparent ice has been ensured, and the process proceeds to step # 109. In step # 109, the control unit 50 causes the ice removing device 24 to perform the reversing operation of the ice tray 20. When the ice making device 24 rotates the ice tray 20 around the support shaft 22, the protrusion 48 hits a stopper (not shown) formed on the ice tray casing 12 just before the upside down is completed. Since the ice removing device 24 continues to rotate the ice tray 20 by a predetermined angle thereafter, the ice tray 20 is twisted and deformed. As described above, a gap 47 is provided between the windshield plate 45 and the cover 34 so as not to cause mutual contact even when the ice tray 20 is twisted, so that the edge of the cover 34 and the windshield 45 are rubbed together. No squeaks or wears out. When the ice tray 20 is twisted, the ice in the ice making cell 21 is pushed out and falls into an ice container (not shown) placed in the ice making chamber 4; As best understood, see 112(b) rejections above). Further, the limitations of claim 17 are the result of the modification of references used in the rejection of claim 14 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Song et al. (US Patent No. 11,105,547) discloses a similar ice maker with a heater for producing transparent ice.
Junge et al. (US 20200033042) discloses a similar ice maker with a heater for producing transparent ice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 May 21st, 2026
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