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 .
The claims received 9/22/2026 are entered. Claim 5 is cancelled.
Drawings
The drawings received 9/22/2026 are acceptable
Claim Interpretation
The term “pose” is defined by [0026] and discussed in the remarks dated 9/22/2026 as “[t]he pose of the ice shaper can correspond to a position and an angle of an outer surface of the ice shaper.”
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, and 6-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fiedler (US 3,593,539).
Regarding claim 1, Fiedler discloses an ice maker, comprising:
an extruder (26) through which ice is directed from a first chamber (12) towards a second chamber;
an ice shaper (34) disposed in the second chamber, the ice shaper to modify a shape of the ice to be a target shape, the target shape corresponding to a pose of the ice shaper; and
a control member (36 and 35) coupled with the ice shaper, the control member to control the pose of the ice shaper, wherein, in response to a user input, the control member is configured to reposition the ice shaper to a selected position between a first position closer to the extruder and a second position farther from the extruder, and to maintain the ice shaper at the selected position (2:33-49 due to adjustment of the biasing load relative to the force of the extruded ice the displacement of the ice shaper is adjusted to multiple positions and maintained during operation).
Regarding claim 2, Fiedler discloses wherein the control member comprises at least one of a dial, a button, a switch, or a lever, the control member to control the pose of the ice shaper according to an input applied to the at least one of the dial, the button, the switch, or the lever (36 is described as an “adjusting nut” which is a dial, where a dial is defined as “a device that may be operated to make electrical connections or to regulate the operation of a machine”).
Regarding claim 4, Fiedler discloses the target shape corresponds to nugget ice or crushed ice (Fielder describes “small pieces or flakes of ice” which are nuggets or crushed; where the ice is crushed due to impact with the ice shaper)
Regarding claim 6, Fiedler discloses the ice shaper is configured to modify at least one of a texture or a hardness of the ice (2:33-49 describes adjusting the ice characteristic where at least flake is a texture).
Regarding claim 7, Fiedler discloses the ice shaper comprises an outer surface (34a) extending from a first end to a second end, the outer surface decreasing in size in a direction from the first end to the second end (shape of 34a shown in at least figure 1).
Regarding claim 8, Fiedler discloses the extruder (26) and the ice shaper (34) are centered on an axis, the extruder to direct the ice in a direction along the axis towards the ice shaper.
Regarding claim 9, Fiedler discloses the ice shaper comprises:
a shaft (29) coupled to the extruder; and a conical surface (34a is a curved conical surface) to contact the ice from the extruder, the conical surface positioned at a distance from the extruder that corresponds to the pose of the ice shaper.
Regarding claim 10, Fiedler discloses an auger (30) disposed in the first chamber (12), the auger to direct the ice from the first chamber to the second chamber through the extruder.
Regarding claim 11, Fiedler discloses a first stop (top of threaded portion of 27) coupled with the second chamber to receive the ice shaper at a first distance from the extruder, the first stop corresponding to the target shape being a nugget shape; and a second stop (bottom of threaded portion of 27) coupled with the second chamber to receive the ice shaper at a second distance from the extruder, the second stop corresponding to the target shape being a crushed shape, the second distance less than the first distance (both the positions produce nugget/crushed ice as the ice is in flake form which are nuggets or small pieces and crushed by impact with the shaper).
Regarding claim 12, Fiedler discloses one or more gears (threads of shaft 27 are a gear; as defined by Merriam-Webster a gear is “a mechanism that performs a specific function in a complete machine”) coupled with the control member (36 and 37) and with an outer surface of the ice shaper (34) such that movement of the control member causes a corresponding movement of the ice shaper by way of the one or more gears (adjustment of 36 changes spring pressure via spring 37 onto the ice shaper 34 thereby adjusting position/movement).
Regarding claim 13, Fiedler discloses the ice shaper comprises an inner surface forming a thread (threaded portion of shaft 27 shown in figure 1) that is rotatably coupled with a shaft (29) coupled with the extruder to the ice shaper to move relative to the extruder.
Regarding claim 14, Fiedler discloses a third chamber (23) coupled with the second chamber, the ice shaper positioned to direct the ice into the third chamber.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fiedler (US 3,593,539).
Regarding claim 3, Fiedler discloses the control member (36 and 37) comprises an actuator (36), the ice maker comprising: a user interface (outer surface of adjusting nut/actuator 36) to receive an input indicative of at least one of the target shape or the pose of the ice shaper (location along threaded portion of 27).
Fiedler is silent concerning a controller. In the previous office action on the merits the Examiner took Official Notice that wrenches are old and well known. In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C).
It would have been obvious to one of ordinary skill in the art to have provided Fiedler with a wrench (as a controller) in order to adjust/control the position of adjusting nut 36 and thereby control the pose/position of the ice shaper as discussed at 2:33-49.
Moreover as Fiedler is silent concerning precise means for adjusting the adjustment nut 36, but some solution is necessarily present to accomplish this function. It falls to mere selection of an identified predictable solution such as that provided by official notice in order to make or use the invention. When adopting a problem-solution oriented thinking, one of skill seeking to adjust an adjustment nut would look to known solutions, e.g. using a wrench to adjust a nut.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fiedler (US 3,593,539) in view of Beusch et al (US 3,354,666).
Regarding claim 15, Fiedler discloses an ice maker, comprising:
a first chamber (12) comprising an inlet to receive water and an outlet;
an auger (30) disposed in the first chamber, the auger to drive ice material from freezing of the water in the first chamber through the outlet;
a die (11a; outlet of space 12 at 11a forms an annular die) between the first chamber (12) and a second chamber (15) such that the ice material is driven by the auger through the plurality of apertures to form a plurality of ice structures;
an ice shaper (34) disposed in the second chamber and facing the die such that contact of the plurality of ice structures with the ice shaper causes the plurality of ice structures to form into ice pieces having an expected shape, the expected shape corresponding to a position of the ice shaper relative to the die; and
a control member (36 and 37) coupled with the ice shaper, the control member to control the pose of the ice shaper, wherein, in response to a user input, the control member is configured to reposition the ice shaper to a selected position between a first position closer to the extruder and a second position farther from the extruder, and to maintain the ice shaper at the selected position (2:33-49 due to adjustment of the biasing load relative to the force of the extruded ice the displacement of the ice shaper is adjusted to multiple positions and maintained during operation).
Fiedler lacks a die having a plurality of apertures. Beusch discloses a die (20) comprising a plurality of apertures (22) between a first chamber (3) and second chamber (17) such that the ice material is driven by the auger through the plurality of apertures to form a plurality of ice structures. It would have been obvious to one of ordinary skill in the art to have provided Fiedler with the apertures of Beusch in order to compress the ice during formation.
Regarding claim 16, Fiedler further discloses the control member comprises a rotatable member (36) coupled with at least one gear (threads of shaft 27 are a gear; as defined by Merriam-Webster a gear is “a mechanism that performs a specific function in a complete machine”) coupled with the ice shaper (34), wherein rotation of the rotatable member causes movement, via the at least one gear, of the ice shaper to the position (adjustment of the rotatable member 36 adjusts spring pressure of 37 which adjusts the movement of ice shaper 34).
Regarding claim 17, Fiedler discloses the ice shaper comprises a cone (34a is a curved conical surface) facing the die.
Regarding claim 18, Fiedler discloses a surface of the cone that faces the die is at an angle greater than or equal to 30 degrees and less than or equal to 70 degrees relative to an axis from the die to the cone (34a is a curved conical surface thus the curved conical surface includes angles between 30 and 70 degrees relative to the die).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fiedler (US 3,593,539) in view of Kane et al (US 1,720).
Regarding claim 19, Fiedler discloses an ice making system, comprising:
a die (11a; outlet of space 12 at 11a forms an annular die) to receive ice material driven by an auger (30) and extrude the ice material as one or more ice structures;
a cone (34; where 34 is a curved cone shape) facing the die, the cone to cause the one or more ice structures to break into pieces of ice of a selected length; and
an input device (36 and 37) coupled with the cone by at least one gear (threads of shaft 27 are a gear; as defined by Merriam-Webster a gear is “a mechanism that performs a specific function in a complete machine”) such that manipulation of the input device causes the cone to move to a selected distance from the die, the selected distance corresponding to the selected length.
Fielder lacks a toothed gear. In the previous office action on the merits the Examiner took Official Notice that wrenches are old and well known (notice take at claim 3). In his subsequent reply to this office action, the applicant did not traverse Examiner’s assertion of Official Notice with regard to these elements. Therefore the Official Notice statements by the Examiner regarding these elements are now taken as admitted prior art by Applicant. See MPEP §2144.03(C). Kane provides a wrench that includes at least one toothed gear (i).
It would have been obvious to one of ordinary skill in the art to have provided Fiedler with a geared wrench (as a controller/input device), like is taught by Kane, in order to adjust/control the position of adjusting nut 36 and thereby control the pose/position of the ice shaper as discussed at 2:33-49.
Regarding claim 20, Fiedler discloses 20. The ice making system of claim 19, wherein the input device comprises at least one of a dial, a switch, a button, or a lever (36 is described as an “adjusting nut” which is a dial, where a dial is defined as “a device that may be operated to make electrical connections or to regulate the operation of a machine”).
Response to Arguments
Applicant's arguments filed 9/22/2026 have been fully considered but they are not persuasive.
Applicant’s remarks as to the scope of the term “pose” are adequate.
At pages 8-9 applicant describes the position of the breaker member as an equilibrium between the spring force and the upward force of the ice column. The examiner agrees with this characterization. However such a characterization of Fiedler still reads on the claim. In operation with the achieved equilibrium the ice shaper is maintained at the position which is selected by the adjustment of spring force.
Regarding claim 19, it was previously discussed to use a wrench in order to adjust the position of nut 36 in Fiedler. Kane evidences a wrench that used a toothed gear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi et al (US 4,467,622) auger type ice maker.
Dedricks et al (US 3,342,040) auger type ice maker including shims 194 in figure 12 for adjusting distance to ice shaper 196.
Lunde (US 3,276,223) auger type ice maker with adjustment of ice shaper as shown in figures 3-5.
Keller (US 2,962,878) auger type ice maker with spring pressure adjustment of ice shaper.
Gardner et al (US 2017/0248357) auger type ice maker which die having plurality of apertures.
Guo (WO2025/133986) auger type ice maker.
Mathematics Stack Exchange, volume of a curved cone.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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