DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and depending claims 2-14 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “a water bottle” in line 8. It is unclear if the bolded limitation refers to the previously claimed limitation in the claim. Not only does the phrase in claim 1 lacks a definite article (e.g. the or said) but the limitation is inconsistently recited.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 7, 10 are only rejected under 112(b) rejections, because they are depending from claims 1 and 6.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US 2021/0396459 A1), in view of (KR 20110004659 U).
Claim 1: Kwon discloses a refrigerator (FIG.1) comprising:
a main body (10) including a storage compartment (21);
a door (31) coupled to the main body (10) so as to be rotatable to open and close the storage compartment (21); and
a water supply device (71) at the door (31), the water supply device (71) including:
a water supply case (80) including a water bottle mounting space (87) to which a water bottle is mountable (intended use),
a water level sensor (sensor part 132) configured to detect, when a water bottle (132 to detect water level in bucket 170) is mounted to the water bottle mounting space (87), a water level of the water bottle (functional language), and
a carrier (bracket 131 used as carrier) mounted on the water supply case (80), and to which the water level sensor (132) is coupled,
wherein the carrier (131) is mounted on the water supply case (80) so that a sensing height so that at which the water level sensor (132) senses the water level of the water bottle.
Kwon discloses the claimed limitations in claim 1, but fails to disclose the carrier to be movable in a vertical direction is adjustable.
However, (KR 20110004659 U) teaches the carrier (to clarify, water level sensor 5 inserted within and adjusted in the box shape configuration shown in FIG.4) to be movable in a vertical direction is adjustable (page 4: sensor is movable in vertical direction changing the location of the sensor as user desires and it is adjustable via hole and hooks on bracket) for the purpose of easily changing the location of the water level sensor according to user’s need when installing the sensor (page 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Kwon to include the carrier to be movable in a vertical direction is adjustable as taught by (KR 20110004659 U) in order to easily change the location of the water level sensor according to user’s need when installing the sensor.
Claim 2: Kwon as modified discloses the apparatus as claimed in claim 1, wherein the water supply case (80) includes a plurality of locking projections (KR 20110004659 U, hooks 15 used as locking projections) arranged in the vertical direction (KR 20110004659 U, see FIG.4) to support the carrier (KR 20110004659 U, to clarify, water level sensor 5 inserted within and adjusted in the box shape configuration shown in FIG.4) at a selected sensing height, and the carrier includes a locking protrusion (KR 20110004659 U, fixing hole 5a protruded into wall of the box used as locking protrusion; page 4: fixing hole 5a in order for 15 to be locked into the hole in that fitting be fixed) to be lockable to, and releasable from (intended use), the plurality of locking projections (KR 20110004659 U, 15).
Claim 3: Kwon as modified discloses the apparatus as claimed in claim 2, wherein the water supply case (80) includes a guide rail (KR 20110004659 U, panel 14 used as guide rail) to guide a movement of the carrier (131), the guide rail (KR 20110004659 U, 14) extending along a direction in which the plurality of locking projections (KR 20110004659 U, 15) extends, and the carrier (131) includes a protruding rib (KR 20110004659 U, annotated FIG.4) arranged to be supported on the guide rail (KR 20110004659 U, 14).
[AltContent: connector][AltContent: textbox (protruding rib)]
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Claims 4, 13, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US 2021/0396459 A1), in view of (KR 20110004659 U), and in view of Park (US 2020/0191470 A1).
Claim 4: Kwon as modified further fails to disclose wherein the door includes: an inner door including a door inner space to communicate with the storage compartment, and an outer door configured to be rotatable in front of the inner door, and the water supply device is arranged to be accommodated in the door inner space.
However, Park teaches the door (FIG.1) includes: an inner door (33) including a door inner space to communicate with the storage compartment (21), and an outer door (34) configured to be rotatable in front of the inner door (33), and the water supply device (to clarify, water supply device disclosed by Kwon) is arranged to be accommodated in the door inner space (paragraph [63]) for the purpose of being capable of providing ice maker on surface of the door (paragraph [27]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus Kwon to include an inner door including a door inner space to communicate with the storage compartment, and an outer door configured to be rotatable in front of the inner door, and the water supply device is arranged to be accommodated in the door inner space as taught by Park in order to be capable of providing ice maker on surface of the door.
Claim 13: Kwon as modified further fails to disclose a dispenser including an operating lever and configured to supply water when the operating lever is operated.
However, Park teaches a dispenser (60) including an operating lever (63) and configured to supply water when the operating lever is operated (paragraph [70]) for the purpose of connecting to the water supply to take drinking water from the side of the door (paragraph [4]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus Kwon to include a dispenser including an operating lever and configured to supply water when the operating lever is operated in order to connect to the water supply to take drinking water from the side of the door.
Claim 14: Kwon as modified discloses the apparatus as claimed in claim 1, wherein the door (31), and facing the storage compartment (21).
Kwon discloses the claimed limitations in claim 14, but fails to disclose the door includes a single door, and the water supply device is disposed at a rear side of the single door facing the storage compartment.
However, Park teaches a single door (33), and the water supply device (100) is disposed at a rear side (to clarify, water supply 100 is inside main body on rear side of door 33) of the single door (33) facing the storage compartment (21) for the purpose of providing ice maker on front surface of the door if desired (paragraph [27]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus Kwon to include the door includes a single door, and the water supply device is disposed at a rear side of the single door facing the storage compartment as taught by Park in order to provide ice maker on front surface of the door if desired.
Claims 5, 8, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US 2021/0396459 A1), in view of (KR 20110004659 U), in view of Park (US 2020/0191470 A1), and in view of Kwon (US 2022/0221218 A1).
Claim 5: Kwon as modified the apparatus as claimed in claim 4, wherein the water supply case includes the carrier (131) is coupled to the water supply case (80), but
fails to disclose a cutout portion formed to extend in the vertical direction at a rear side of the water bottle mounting space so that, when the water bottle is mounted to the water bottle mounting space, at least one surface of the water bottle communicates with the storage compartment, and the carrier so as to cover a portion of the cutout portion from the rear side.
However, Kwon (US 2022/0221218 A1) teaches a cutout portion (116) formed to extend in the vertical direction at a rear side of the water bottle mounting space (73) so that, when the water bottle is mounted to the water bottle mounting space, at least one surface of the water bottle communicates with the storage compartment (27), and the carrier (75a) so as to cover a portion of the cutout portion (116; based on broadest reasonable interpretation, bracket 75a on main case 101 covers a top portion of the cutout portion 116) from the rear side (115; to clarify, cut portion 116 formed by cutting portion of the rear case 115) for the purpose of easily cooling water container by cold air of the storeroom (paragraph [129]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus Kwon to include a cutout portion formed to extend in the vertical direction at a rear side of the water bottle mounting space so that, when the water bottle is mounted to the water bottle mounting space, at least one surface of the water bottle communicates with the storage compartment as taught by Kwon (US 2022/0221218 A1) in order to easily cool water container by cold air of the storeroom.
Claim 8: Kwon as modified the apparatus as claimed in claim 5, further comprising: a rear cover (US 2022/0221218 A; 115) mounted on the water supply case (US 2022/0221218 A; 100) to cover a rear side (inherent) of the cutout portion (US 2022/0221218 A; 116) so as to partition the water bottle mounting space (US 2022/0221218 A; 73) from the storage compartment (US 2022/0221218 A; 27).
Claim 9: Kwon as modified the apparatus as claimed in claim 8, wherein a portion (inherent) of the rear cover (US 2022/0221218 A; 115) covering the rear side of the cutout portion (US 2022/0221218 A; 116) includes a plurality of holes (US 2022/0221218 A; to clarify, there are holes 121/117 on top portions of 115; see FIG.15) arranged in a direction in which the cutout portion (US 2022/0221218 A; 116) extends so that the water bottle mounting space (US 2022/0221218 A; 73) communicates with the storage compartment (US 2022/0221218 A; 27).
Claims 11, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US 2021/0396459 A1), in view of (KR 20110004659 U), in view of Shin (KR 102552468 B1), and in view of Park (US 2018/0187964 A1).
Claim 11: Kwon as modified further fails to disclose a motor; a first gear coupled to the carrier; and a second gear connecting the motor to the first gear so as to transmit power of the motor to the first gear.
However, (KR 20110004659 U) teaches manually move the carrier up and down (shown in FIG.4), further Shin teaches gears 45/46 (shown in FIG.6), and further Park teaches mechanical means a motor to move container up/down (see FIG.8; paragraph [69]), except for a first gear coupled to the carrier; and a second gear connecting the motor to the first gear so as to transmit power of the motor to the first gear, and as an evidence provided by Park it is known to provide an automatic means a motor.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus Kwon to include a first gear coupled to the carrier; and a second gear connecting the motor to the first gear so as to transmit power of the motor to the first gear, and as an evidence provided by Park it is known to provide an automatic means a motor in order to provide automatic means to change location of sensor as user desires, since it has been held that broadly providing an automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192 -To make automatic: MPEP 2144.04 III.
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Claim 12: Kwon as modified discloses the apparatus as claimed in claim 11, wherein the first gear (Shin, 45) includes a rack gear (Shin, rack member 43), and the second gear (Shin, 46) includes a pinion gear (Shin, pinion gear 46).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to refrigerator:
Koo (US 2011/0283734 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/PAUL ALVARE/Primary Examiner, Art Unit 3763