DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
This Office Action is in response to the remarks and amendments filed on 07/15/2026. The drawing objection is withdrawn. Claims 3, 5, 7 and 13-15 are cancelled. Claims 21-26 are new. Claims 1-2, 4, 6, 8-12 and 16-26 remain pending for consideration on the merits.
This Office Action contains a New Grounds of Rejection. Since this new ground of
rejection did not result from an amendment to the claims, this Office Action is being made to
Non-Final to afford the Applicant the opportunity to respond to the new grounds of rejection.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the temperature sensor overlaps the storage chamber wall in claim 22, wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps the auxiliary storage chamber in a second direction crossing the first direction in claim 24, wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps a portion of the second tray in a second direction crossing the first direction in claim 25, wherein the temperature sensor comprises a portion that is positioned closer to the first contact surface than one end of the cell in claim 6” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6, 10-12 and 24-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 6, Applicant has added the limitation “wherein the temperature sensor comprises a portion that is positioned closer to the first contact surface than one end of the cell”. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Regarding claim 24, Applicant has added the limitation “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps the auxiliary storage chamber in a second direction crossing the first direction”. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Regarding claim 25, Applicant has added the limitation “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps a portion of the second tray in a second direction crossing the first direction”. There is nothing in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
Claims 10-12 are rejected based on dependency from a rejected claim.
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 24-25 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 24 recite “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps the auxiliary storage chamber in a second direction crossing the first direction”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner how the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps the auxiliary storage chamber in a second direction crossing the first direction, as a proper illustration is necessary to understand the invention. Clarity is advised.
Claim 25 recite “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps a portion of the second tray in a second direction crossing the first direction”. However, it is unclear what the metes and bounds of the claim are. It is unclear to the Examiner how the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps a portion of the second tray in a second direction crossing the first direction, as a proper illustration is necessary to understand the invention. Clarity is advised.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20140182325 A1, hereinafter Lee) in view of Son et al (US 20160245574 A1, hereinafter Son).
Regarding claim 1, Lee teaches an ice maker (ice maker 10) comprising: a first tray assembly (upper tray 11) including a first tray (upper tray 11); a second tray assembly (lower tray 12) including a second tray (lower tray 12); a cell (lower cells 141) in which liquid is phase-changed into ice (paragraph 0032), the first tray (upper tray 11) defining a first portion of the cell (as shown on figure 6) and the second tray (lower tray 12) defining a second portion of the cell (as shown on figure 6).
Lee teaches the invention as described above but fail to teach a temperature sensor provided to detect a temperature of the first tray or a temperature of the liquid or the ice in the cell and configured to detect a supply amount of the liquid in the cell, wherein the temperature sensor is exposed to the cell.
However, Son teaches a temperature sensor (temperature sensor 600) provided to detect a temperature of the first tray (paragraph 0152) or a temperature of the liquid or the ice in the cell and configured to detect a supply amount of the liquid in the cell (it would have been obvious to a person skilled in the art that the temperature sensor measures temperature of water or ice accommodated in the ice-making cell 410, therefore indicating the presence of liquid in the cell), wherein the temperature sensor (temperature sensor 600) is exposed to the cell (as shown on figure 15).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the teachings of Lee to include a temperature sensor provided to detect a temperature of the first tray or a temperature of the liquid or the ice in the cell and configured to detect a supply amount of the liquid in the cell, wherein the temperature sensor is exposed to the cell in view of the teachings of Son in order to yield the predictable result of measuring temperature of water or ice accommodated in the ice-making cell.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 21, the combined teachings teach wherein a portion of the temperature sensor (portion of temperature sensor 600, figure 15 of Son) is exposed to the cell (ice making cell 410, figure 15 of Son) and remaining portion of the temperature sensor is surrounded by the first tray (surrounded by tray 400, figure 15 of Son).
Regarding claim 22, the combined teachings teach wherein the first tray (tray 400 of Son) includes: an opening (hole 460, figure 15 of Son) to introduce at least one of cold or the liquid to the cell (paragraph 0149 of Son), and a storage chamber wall (wall 440 of Son) extending in one direction around the opening (around the outer periphery of wall 440, figures 14-15 of Son), and wherein the temperature sensor (temperature sensor 600 of Son) overlaps the storage chamber wall (overlapping wall 440, figure 15 of Son).
Claims 2, 4, 6, 8, 16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Son, as applied to claim 1 above, and in further view of Bertolini et al (US 20190293335 A1, hereinafter Bertolini).
Regarding claim 2, the combined teachings teach the invention as described above but fail to teach wherein the first tray includes: an opening to introduce at least one of cold or the liquid to the cell, and a first contact surface in contact with the second tray at an ice making position, wherein the temperature sensor comprises a portion that is positioned closer to the first surface than the opening of the first tray.
However, Bertolini teaches wherein the first tray (ice cavity 32) includes: an opening (cutouts C, figure 5c) to introduce at least one of cold or the liquid to the cell (as described in paragraph 0051), and a first contact surface (surface where cavity 32 and 42 meet, figure 4) in contact with the second tray (ice cavity 42, figure 2) at an ice making position (figure 2), wherein the temperature sensor (thermistor T) comprises a portion that is positioned closer to the first surface (as shown on figure 5a) than the opening of the first tray (as shown on figures 5a-5c).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the combined teachings to include wherein the first tray includes: an opening to introduce at least one of cold or the liquid to the cell, and a first contact surface in contact with the second tray at an ice making position, wherein the temperature sensor comprises a portion that is positioned closer to the first surface than the opening of the first tray in view of the teachings of Bertolini in order to yield the predictable result of sensing the temperature of the molds.
Regarding claim 4, the combined teachings teach wherein the first tray (ice cavity 32 of Bertolini) includes: an auxiliary storage chamber (tube 75 of Bertolini) communicating with the cell (figure 5a), a first contact surface (surface where cavity 32 and 42 meet, figure 4 of Bertolini) in contact with the second tray (ice cavity 42, figure 2 of Bertolini) at an ice making position (figure 2 of Bertolini), wherein a distance between an end of the auxiliary storage chamber (distance from end of tube 74, figure 5a of Bertolini) and the first contact surface (surface where cavity 32 and 42 meet, figure 4 of Bertolini) is greater than a distance between an upper end of the temperature sensor and the first contact surface (distance from end of tube 75 and the surface where cavities 32 and 42 meet is greater than the distance from the thermistor T and the first surface, as shown on figure 5a of Bertolini).
Regarding claim 6, the combined teachings teach, in view of indefiniteness, wherein the first tray (ice cavity 32 of Bertolini) includes a first contact surface (surface where cavity 32 and 42 meet, figure 4 of Bertolini) and the second tray (ice cavity 42 of Bertolini) includes a second contact surface in contact with the first surface (surface where cavity 32 and 42 meet, figure 4 of Bertolini) and wherein the temperature sensor (thermistor T of Bertolini) comprises a portion that is positioned closer to the first contact surface (surface where cavity 32 and 42 meet, figure 4 of Bertolini) than one end of the cell (figure 5a of Bertolini).
Regarding claim 8, the combined teachings teach further comprising a heater (paragraph 0053 of Bertolini) configured to provide heat to the cell (paragraph 0053 of Bertolini), wherein a lower end of the heater is positioned closer to the first surface than the portion of the temperature sensor (it is interpreted that the lower end of a heater will be closer to the contact surface than the thermistor for ice separation purposes).
Further, it is understood, claim 8 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claim 16, the combined teachings teach wherein a portion of the temperature sensor (lower portion of temperature sensor 8, figure 3 of Saito) is disposed lower than one end of the cell (disposed lower than the lower portion of tray 2, figure 3 of Saito).
Regarding claim 19, the combined teachings teach wherein the temperature sensor (thermistor T of Bertolini) is mounted on the first tray (mounted on cavity 32, figures 4 and 5a of Bertolini).
Regarding claim 20, the combined teachings teach a refrigerator (refrigerator, paragraph 0009 of Bertolini) comprising: a storage chamber (fresh food compartment, paragraph 0008 of Bertolini); and the ice maker (ice maker 18 of Bertolini) of claim 1.
Claims 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Son and Bertolini, as applied to claim 7 above, and in further view of Zheng et al (CN 105683688 A, hereinafter Zheng).
Regarding claim 9, the combined teachings teach the invention as described above but fail to teach wherein the heater is positioned closer to the first tray than the second tray.
However, Zheng teaches wherein the heater (heater 87) is positioned closer to the first tray than the second tray (positioned closer to tray 300 than second tray 400, figure 13).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the combined teachings to include wherein the heater is positioned closer to the first tray than the second tray in view of the teachings of Zheng in order to yield the predictable result of providing heat when attached to the ice making tray.
Regarding claim 10, the combined teachings teach further comprising a heater (heater 87 of Zheng) configured to provide heat to the cell (the hot melted slightly when attached to the ice-making tray 81 of the ice produced by the ice separation heater 87, paragraph 0020 of Zheng).
The combined teachings teach the invention as described above but fail to teach wherein a first distance between the portion of the temperature sensor and a vertical center line of the cell is less than a second distance between a portion of the heater and the vertical center line of the cell.
However, Applicant has not disclosed that having “wherein a first distance between the portion of the temperature sensor and a vertical center line of the cell is less than a second distance between a portion of the heater and the vertical center line of the cell” does anything more than produce the predictable result providing heat when attached to the ice making tray. Since it has been held that the rearrangement of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI. C, it would have been obvious to one having ordinary skill in the art before the effective filing date, to modify the heater 87 of Zheng and meet the claimed limitations in order to provide the predictable result of providing heat when attached to the ice making tray.
Regarding claim 12, the combined teachings teach wherein the heater (heater 87 of Zheng) is configured to provide heat to the cell in an ice separation process (the hot melted slightly when attached to the ice-making tray 81 of the ice produced by the ice separation heater 87, paragraph 0020 of Zheng).
Further, it is understood, claim 12 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Son, Bertolini and Zheng, as applied to claim 10 above, and in further view of Yoon et al (US 20190219317 A1, hereinafter Yoon).
Regarding claim 11, the combined teachings teach the invention as described above but fail to teach wherein the heater is configured to provide heat to the cell in an ice making process.
However, Yoon teaches wherein the heater (heater 120) is configured to provide heat to the cell in an ice making process (controller may change an output of the heater for a predetermined period of time, thereby making ice with a high transparency, paragraphs 0022 and 0032).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the combined teachings to include wherein the heater is configured to provide heat to the cell in an ice making process in view of the teachings of Yoon in order to yield the predictable result of making ice with the high transparency.
Further, it is understood, claim 11 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Son, as applied to claim 1 above, and in further view of Jeong et al (US 20160252286 A1, hereinafter Jeong).
Regarding claim 17, the combined teachings teach the invention as described above but fail to teach wherein when an amount of liquid as much as a target liquid supply amount is supplied to the cell, the temperature sensor is in contact with the liquid.
However, Jeong teaches wherein when an amount of liquid as much as a target liquid supply amount is supplied to the cell (second tray 400 may include an excessively supplied water discharge orifice 450 that discharges excessively supplied water through the drain duct 500 when the ice-making cell 410 is supplied with water more than a predetermined amount of water, paragraph 0115), the temperature sensor (temperature sensor 600) is in contact with the liquid (temperature sensor 600 accommodated in the temperature sensor accommodation portion 403 may be in contact with ice-making water through the ice-making water contact portion 403c, paragraph 0120).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the combined teachings to include wherein when an amount of liquid as much as a target liquid supply amount is supplied to the cell, the temperature sensor is in contact with the liquid in view of the teachings of Jeong in order to yield the predictable result of measuring a temperature of the ice making water.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Saito, as applied to claim 1 above, and in further view of Park (KR 20160046551 A, hereinafter Park).
Regarding claim 18, the combined teachings teach the invention as described above but fail to teach wherein it is determined that whether an ice making is completed based on the temperature sensed by the temperature sensor.
However, Park teaches wherein it is determined that whether an ice making is completed based on the temperature sensed by the temperature sensor (the temperature sensor 121 after the lapse of the set time is passed by the measuring the temperature of the ice tray 120 to the controller 300. In the controller 300, it is determined that the temperature of the ice tray 120 measured the confirmation below the set temperature (T2) is complete, the ice-making stops the blowing fan 50, and the ice-making completion, paragraph 0046).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the combined teachings to include wherein it is determined that whether an ice making is completed based on the temperature sensed by the temperature sensor in view of the teachings of Park in order to yield the predictable result of completing the ice making process.
Claims 23 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20140182325 A1, hereinafter Lee) in view of Keiji et al (JP H04313662 A, hereinafter Keiji).
Regarding claim 23, Lee teaches an ice maker (ice maker 10) comprising: a first tray assembly (upper tray 11) including a first tray (upper tray 11); a second tray assembly (lower tray 12) including a second tray (lower tray 12); a cell (cell 141) in which liquid is phase-changed into ice (paragraph 0032), the first tray (upper tray 11) defining a first portion of the cell (figure 6) and the second tray (lower tray 12) defining a second portion of the cell (figure 6).
Lee teaches the invention as described above but fail to teach a temperature sensor provided to detect a temperature of the first tray or a temperature of the liquid or the ice in the cell and mounted on the first tray; and wherein the first tray includes an auxiliary storage chamber communicating with the cell, and the temperature sensor is exposed to the auxiliary storage chamber.
However, Keiji teaches a temperature sensor (temperature sensor 19) provided to detect a temperature of the first tray or a temperature of the liquid or the ice in the cell (paragraph 0015) and mounted on the first tray (ice tray 12); and wherein the first tray (ice tray 12) includes an auxiliary storage chamber communicating with the cell (upper portion of cells in ice tray 12, as shown on figure 2), and the temperature sensor (temperature sensor 19) is exposed to the auxiliary storage chamber (paragraph 0015).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the ice maker in the teachings of Lee to include a temperature sensor provided to detect a temperature of the first tray or a temperature of the liquid or the ice in the cell and mounted on the first tray; and wherein the first tray includes an auxiliary storage chamber communicating with the cell, and the temperature sensor is exposed to the auxiliary storage chamber in view of the teachings of Keiji in order to yield the predictable result of detecting the temperature near the water surface to the ice tray.
Regarding claim 26, the combined teachings teach a refrigerator (refrigerator, paragraph 0014 of Lee) comprising: a storage chamber (refrigerating/freezer compartment, paragraph 0014 of Lee); and the ice maker (ice maker 10 of Lee) of claim 23.
Allowable Subject Matter
Claims 24-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 24, the subject matter which is considered to distinguish from the closest prior art of record, Bertolini et al (US 20190293335 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps the auxiliary storage chamber in a second direction crossing the first direction”. The closest prior art, Bertolini teaches an automatic spherical ice maker includes an upper stationary ice mold having at least one ice cavity with a hemispherical shape, and a lower rotatable ice mold having at least one ice cavity with a hemispherical shape and corresponding to the ice cavity of the upper stationary ice mold, so that together the at least one ice cavity of the upper stationary ice mold and the at least one cavity of the lower rotatable ice mold form at least one spherical mold which is configured to produce at least one substantially spherical ice ball at a time.
Regarding claim 25, the subject matter which is considered to distinguish from the closest prior art of record, Bertolini et al (US 20190293335 A1). The prior art of record when considered as a whole, alone, or in combination, neither anticipates nor renders obvious “wherein the first tray and the second tray are arranged in a first direction, and the temperature sensor overlaps a portion of the second tray in a second direction crossing the first direction”. The closest prior art, Bertolini teaches an automatic spherical ice maker includes an upper stationary ice mold having at least one ice cavity with a hemispherical shape, and a lower rotatable ice mold having at least one ice cavity with a hemispherical shape and corresponding to the ice cavity of the upper stationary ice mold, so that together the at least one ice cavity of the upper stationary ice mold and the at least one cavity of the lower rotatable ice mold form at least one spherical mold which is configured to produce at least one substantially spherical ice ball at a time.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, see pages 18-26, filed 07/15/2026, with respect to the rejection(s) of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Son et al (US 20160245574 A1) see claims 1 rejection above, in which the motivation to combine the references is allowing the connecting bolt to be fixed on the compressor main body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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