Prosecution Insights
Last updated: August 17, 2026
Application No. 18/941,043

ICE MAKER AND REFRIGERATOR INCLUDING THE SAME

Non-Final OA §102§103§112
Filed
Nov 08, 2024
Priority
Nov 10, 2023 — RE 10-2023-0155324 +1 more
Examiner
BANKS, KEONA LAUREN
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
8m
Est. Remaining
58%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
19 granted / 34 resolved
-4.1% vs TC avg
Minimal +2% lift
Without
With
+1.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
38 currently pending
Career history
77
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
30.8%
-9.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 resolved cases

Office Action

§102 §103 §112
CTNF 18/941,043 CTNF 100035 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 6/13/2025 and 11/08/2024 were filed before the first Office action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings 06-22-07 AIA The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference number 10 in at least Figure 2 . Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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. 06-22 AIA The drawings are objected to because Figure 17 is cropped such that a reference number ending in 60 on the left hand side is illegible . 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 abstract of the disclosure is objected to because In line 2, “the ice tray” lacks antecedent basis in line 2 and should be - - an ice tray - - for clarity. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Pressing portion pressing the heating wire cover in claim 1 Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Pressing portions 160, Figure 21 of Applicant Specification If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 10 and 13-15 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. Regarding Claim 10, Claim 10 recites “wherein the fixing hook is constructed to temporarily fix the heating wire cover to the heating wire receiving groove” which renders the claim indefinite because it is unclear what is meant by “is constructed”. Claim 10 recites is an apparatus claim (an ice maker) and the limitation of "is constructed to temporarily fix the heating wire cover…" is a method step of using the apparatus. 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) since it is unclear if infringement occurs when one creates a system that allows a user to temporarily fix the heating wire cover to the heating wire receiving groove, or whether infringement occurs when the user actually fixes the heating wire cover to the heating wire receiving groove, see MPEP 2173.05(p)(II). As such, claim 10 is indefinite as failing to particularly pointing out and distinctly claiming the invention. For the purposes of examination, the examiner is going to treat the claim as if it read, - - wherein the fixing hook is configured to temporarily fix the heating wire cover to the heating wire receiving groove - - for clarity. Regarding Claim 13, the recitation “extends in a continuous manner” is a relative term which renders the claims indefinite. The terms “a continuous manner” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, as used to qualify the extension of the upper convex portion and the lower convex portion, the terms render the same indeterminate and the claim (and all claims depending therefrom) indefinite with regard to the scope of protection sought thereby. Regarding Claim 14, the recitation “extends in a discontinuous pattern manner” is a relative term which renders the claims indefinite. The terms “a discontinuous pattern manner” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, as used to qualify the extension of the upper convex portion, the terms render the same indeterminate and the claim (and all claims depending therefrom) indefinite with regard to the scope of protection sought thereby. Regarding Claim 15, the recitation “each of the inlet guides” have insufficient antecedent basis for the limitations in the claims. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Please amend the claims to recite - - each of a plurality of inlet guides- - for clarity. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-12, 14, 16, 18 and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Lee (US20210389038A1) . Regarding Claim 1, . Lee teaches an ice maker [ice maker 200, Figure 2] comprising: an upper tray [first tray 320, Figure 5] including a plurality of upper chambers [cells 321a of first tray wall 321, Figure 9] and having a heating wire receiving groove defined therein [heating accommodation part 321c, Figure 8]; a lower tray [second tray 380, Figure 5] including a plurality of lower chambers [plurality of second cells 381 a, Figure 28]; a heating wire inserted into the heating wire receiving groove [where ice separation heater 290 may be a wire type heater; 0261]; a heating wire cover [first heater case 280, Figure 5] seated on the heating wire receiving groove so as to cover the heating wire [where the ice separation heater may be installed in the first heater case 280; 0260]; and an upper cover disposed on top of the upper tray [first tray cover 300, Figure 5] and including at least one pressing portion [case coupling part 301b, Figure 16] pressing the heating wire cover [where first heater case 280 couples to case coupling part 301 b of first tray cover 300; 0399; and first tray cover 300 couples to first tray supporter 340 via coupling parts 301 a, such that the first heater case 280 and first tray 320 are held in place by the tray supporter 340 and first tray cover 300, Figure 5 and Figure 16; 0375; 0376]. Regarding Claim 2, Lee teaches the invention of claim 1 and further teaches where the upper tray [first tray cover 300, Figure 5] further includes an upper plate [where the first tray cover 300 may include an upper plate 301 contacting the first tray 320, Figure 17; 0271], wherein a cold air flow path is defined between the upper cover and the upper tray [where cold air may pass through the plate opening 304 to contact the first tray 32; 0364]. Regarding Claim 3, Lee teaches the invention of claim 2 and further teaches where the heating wire receiving groove [heating accommodation part 321c, Figure 11] is depressed in a downward direction beyond an uppermost surface of the upper plate [where the heater accommodation part 321 c may be provided on the first tray wall 321 and may be recessed downward from the case accommodation part 321 b, Figure 8 ; 0310]. Regarding Claim 4, Lee, as modified, teaches the invention of claim 2, wherein the upper chamber [a first cell surface 322 b of first portion 322 defining a first cell 321 a, Figure 11] protrudes in a downward direction beyond an uppermost surface of the upper plate [where first portion 322 protrudes downward beyond the top of storage chamber wall 325 a, Figure 11]. Regarding Claim 5, Lee teaches the invention of claim 2 and further teaches where the heating wire inserted into the heating wire receiving groove [where the ice separation heater 290 may be accommodated in the heater accommodation part 321 c , Figure 11; 0317] is positioned lower than the uppermost surface of the upper plate [where the first tray cover 300 may include an upper plate 301 contacting the top of first tray 320, Figure 17 and Figure 48; 0363]. Regarding Claim 6, Lee teaches the invention of claim 1 and further teaches where the heating wire receiving groove [where the ice separation heater 290 may be accommodated in the heater accommodation part 321 c , Figure 11; 0317] at least partially extends along at least a partial area of an outer circumference of each of the upper chambers [where heater accommodation part 321c is provided on the first tray wall 321 disposed to surround the periphery of first cell 321 a, Figure 8; 0317]. Regarding Claim 7, Lee teaches the invention of claim 1 and further teaches where the upper tray [first tray 320, Figure 8] further includes a plurality of inlet guides [storage chamber wall 325 a at auxiliary storage chamber 325, Figure 8 and 11] respectively communicating with the plurality of upper chambers and respectively extending upwardly from the plurality of upper chambers [where the storage chamber wall 325 a may extend upwardly around the opening 324 at first cell surface 322 b, Figure 8 and 11; 0311], wherein the heating wire receiving groove at least partially extends along at least a partial area of an outer circumference of each of the plurality of inlet guides [where heater accommodation part 321c is provided on the first tray wall 321 disposed to surround the periphery of first cell 321 a, Figure 11; 0317]. Regarding Claim 8, Lee teaches the invention of claim 7 and further teaches where one of the plurality of inlet guides [storage chamber wall 325 a at auxiliary storage chamber 325, Figure 8 and 11] acts as a water-supply guide constituting a water-supply path [where at least one 325 b of the plurality of storage chamber walls 325 a may support the water supply part 240; 0313], wherein in an area of the heating wire receiving groove corresponding to the water-supply guide [heater accommodation part 321c at 325b, Figure 10], the heating wire receiving groove extends along a portion of an inner circumference of the water-supply guide [where heater accommodation part 321c is disposed around periphery of 325b, Figure 8]. Claim 8 recites functional limitations drawn toward the intended use or manner of operating the claimed apparatus. The functional limitations are: “acts as a water-supply guide constituting a water-supply path”. 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. Regarding Claim 9, Lee teaches the invention of claim 1 and further teaches where the heating wire cover [heater case 280, Figure 5] includes: a heating wire cover body having a closed curve shape [curved portions 283 a, as seen in Figure 20] and including a hollow space defined therein [where the ice separation heater may be installed in the first heater case 280; 0260]; and at least one side extension protruding outwardly from a side surface of the heating wire cover body [first protrusions 286a and 285a, Figure 20, Figure 20], wherein the upper tray includes at least one fixing hook fixing the side extension [second protrusions 286b and 285b, Figure 20]. Regarding Claim 10, Lee teaches the invention of claim 9 and further teaches where the fixing hook [second protrusions 286b and 285b, Figure 20] is configured to temporarily fix the heating wire cover to the heating wire receiving groove [where the second protrusions 285 b and 286 b may be coupled to the first case coupling part 301 b of the first tray cover 300; 0399; where the first tray cover 300 may include a plurality of coupling parts 301 a coupling the first tray 320 to the first tray supporter 340 of first tray 320, Figure 24; 0375]. Regarding Claim 11, Lee teaches the invention of claim 1 wherein the heating wire cover [first heater case 280, Figure 20] includes: a heating wire cover body having a closed curve shape [curved portion 283a, Figure 20] and including a hollow space defined therein [where ice separation heater 290 is accommodated in heater accommodation part 283 where heater 290 sits in space retained by separation prevention protrusions 283c, Figure 22 and 23; 0394]; an upper convex portion [first coupling parts 285 and 286, Figure 20] protruding upwardly from an upper surface of the heating wire cover body [where first coupling parts 285 and 286 may extend vertically upward from the straight portion 283 b, Figure 20] and extending along a shape of the heating wire cover body [where coupling parts 285 and 286 extend along the straight parts 283 b of first heater case 280, Figure 20]; and a lower convex portion [separation prevention protrusions 283c, Figure 22] protruding downwardly from a lower surface of the heating wire cover body [where the separation prevention protrusion 283 c may include a first protrusion portion extending vertically from the lower portion of the first heater accommodation part 283, Figure 22; 0396] and extending along the shape of the heating wire cover body [where the second protrusion portion of the separation prevention protrusion 283 c may extend toward the central portion of the first heater case 28; 0396], wherein the heating wire cover body is positioned out of the heating wire receiving groove [where a portion of the first heater case 280 may be inserted into the plate opening 304 of the first tray cover 300, and a portion of the first coupling parts 285 and 286 may protrude upward from the plate opening 304; 0400], and the lower convex portion is inserted into the heating wire receiving groove [where separation prevention protrusions 283 c sit in heater accommodation portion below top surface of first tray 320 as seen in annotated Figure 23]. Regarding Claim 12, Lee teaches the invention of claim 11 and further teaches where a width of each of the upper convex portion [first coupling parts 285 and 286, Figure 20] and the lower convex portion [separation prevention protrusions 283 c, Figure 21] is smaller than a width of the heating wire cover body [first heater case 280, annotated Figure 20]. Regarding Claim 14, Lee teaches the invention of claim 11 and further teaches, in light of indefiniteness, where the upper convex portion extends in a discontinuous pattern manner [first coupling parts 285 and 286 are spaced apart in a pattern of two pairs, Figure 20]. Regarding Claim 16, Lee teaches the invention of claim 11 and further teaches where the pressing portion [case coupling part 301b, Figure 16] presses the upper convex portion in a downward direction [where the first coupling part 301b may be coupled to the first coupling parts 285 and 286 of first heater case 280, Figure 16 and Figure 20; 0365], and thus, the lower convex portion presses the heating wire in a downward direction [where the second protrusions 285 b and 286 b of the coupling parts 285 and 286 protrude into the first case coupling part 301 b of the first tray cover 300 such that the first heater case 280 and first separation heater 290 are held in place, Figure 23; where the ice separation heater 290 accommodated in the first heater case 280 may contact the first tray 320 to apply heat to the first tray 320; 0403]. Regarding Claim 18, Lee teaches the invention of claim 1 and further teaches where the pressing portion [case coupling part 301b, Figure 16] includes a plurality of pressing portions [where four case coupling parts 301b extend from upper plate 301 in the embodiment of Figure 16], wherein the pressing portions adjacent to each other are arranged to be spaced apart from each other [where each case coupling part 301b is spaced apart, Figure 16]. Regarding Claim 20, Lee teaches a refrigerator [Figure 1(a); 0233] comprising: at least one storage compartment [ a refrigerating compartment 18 and a freezing compartment 32, Figure 1(b)]; at least one door [doors 10, 20 and 30, Figure 1(a)] for opening and closing the storage compartment [where the plurality of doors 10, 20, and 30 may include some or all of the doors 10 and 20 for opening and closing the storage chamber in a rotatable manner and the door 30 for opening and closing the storage chamber in a sliding manner; 0237]; and an ice maker [ice maker 200, Figure 1(b)] mounted into the storage compartment [freezing compartment 32, Figure 1(b)], wherein the ice maker includes: an ice tray [first tray 320, Figure 5] including a plurality of chambers [where a plurality of ice making cells 320 a may be defined by the first tray 320 with first wall 321, Figure 9 ; 0256;0305] and having a heating wire receiving groove defined therein [heater accommodation part 321c, Figure 8; where ice separation heater 290 is a wire type heater; 0261]; a heating wire [where ice separation heater 290 is a wire type heater; 0261] inserted into the heating wire receiving groove [where the ice separation heater 290 may be accommodated in the heater accommodation part 321 c; 031 7 ]; a heating wire cover [first heater case 280, Figure 5] seated on the heating wire receiving groove so as to cover the heating wire [where The first heater case 280 may be coupled to the first tray cover 300 at an upper end of the first tray 320, Figure 5; 0392]; and an ice cover [first tray cover 300, Figure 5] disposed on top of the ice tray [where at least a portion of the first tray cover 300 may be disposed above the first tray 320, Figure 5; 0259]and including one or more pressing portions [case coupling part 301b, Figure 16] pressing the heating wire cover [where first heater case 280 couples to case coupling part 301 b of first tray cover 300; 0399; and first tray cover 300 couples to first tray supporter 340 via coupling parts 301 a, such that the first heater case 280 and first tray 320 are held in place by the tray supporter 340 and first tray cover 300, Figure 5 and Figure 16; 0375; 0376 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20210389038A1) as applied to claim 11 above and in further view of Zhao et al. (EP4273472A1) . Regarding Claim 13, Lee teaches the invention of claim 11 and in light of indefiniteness, does not teach wherein each of the upper convex portion [first coupling parts 285 and 286, Figure 20] and the lower convex portion [separation prevention protrusions 283 c, Figure 21] extends in a continuous manner. However, Zhao teaches an ice-making assembly and a refrigerator [0001] wherein each of the upper convex portion and the lower convex portion extends in a continuous manner [where sidewalls 43 of heating member 40 rise above and below top wall 41 and extend continuously along the length forming airflow chamber 44, as seen in Figure 3] where the change in configuration of shape of a device is obvious absent persuasive evidence that the particular configuration is significant. In re Dailey , 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of Lee to have a continuous shape upper and lower convex portion of the heating wire cover, as such modification would involve a mere change in configuration. It has been held that a change in configuration of shape of a device is obvious, absent persuasive evidence that a particular configuration is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) PNG media_image1.png 683 969 media_image1.png Greyscale PNG media_image2.png 574 862 media_image2.png Greyscale 07-21-aia AIA Claim s 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20210389038A1) as applied to claim 14 and 18 above and in further view of Bertolini et al. (US20190293335A1) . Regarding Claim 15, Lee teaches the invention of claim 14 and does not teach where each of the upper convex portions [first coupling parts 285 and 286,Figure 20] is positioned to overlap each of the inlet guides in a front-back direction. However, Bertolini teaches an automatic ice-sphere-making system for a refrigerator appliance [0001] where each of the upper convex portions [where a plurality of fatteners S is formed in upper surface 70 of support plate 33, Figure 5A] is positioned to overlap each of the inlet guides [openings O at filler tubes 74 and 75, Figure 5A] in a front-back direction [where the fasteners S are in front and behind tubes 74 and 75 as seen in Figure 3 and Figure 5A] where it would have been obvious to one having ordinary skill in the art at the time the invention was made to align convex portions with the inlet guides, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse , 86 USPQ 70, i.e., providing coupling points for the cover of the heating element of the tray. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Lee to have where each of the upper convex portions is positioned to overlap each of the inlet guides in a front-back direction view of the teachings of Bertolini where rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, i.e., providing coupling points for the cover of the heating element of the tray. Regarding Claim 19, Lee teaches the invention of claim 18 and further teaches where the upper tray further includes a plurality of inlet guides [storage chamber walls 325 a and 325 b, Figure 8] respectively communicating with the plurality of upper chambers [first cells 321a, Figure 9] and respectively extending upwardly from the plurality of upper chambers [where the storage chamber wall 325 a may extend upwardly around the opening 324, Figure 8], wherein each of the pressing portions overlaps with each of the inlet guides in a frontward-backward direction. However, Bertolini teaches an automatic ice-sphere-making system for a refrigerator appliance [0001] wherein each of the pressing portions [where the mounting surface of water cup 73 covers first heating element 72, Figure 4, such that fastening the cup 73 to mold support plate 33 would involve pressing down on heating element 73] overlaps with each of the inlet guides in a frontward-backward direction [where water cup 73 mounts at S over openings O, Figure 3 and Figure 5A] where it would have been obvious to one having ordinary skill in the art at the time the invention was made to align pressing portions with the inlet guides, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse , 86 USPQ 70, i.e., securing the heating element of the upper tray. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Lee to have where wherein each of the pressing portions overlaps with each of the inlet guides in a frontward-backward direction in view of the teachings of Bertolini where rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, i.e., securing the heating element of the upper tray . 07-21-aia AIA Claim s 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US20210389038A1) as applied to claim 1 above . Regarding Claim 17, Lee teaches the invention of claim 1 and further teaches where the pressing portion protrudes upwardly [where a first case coupling part 301 b extending upward may be disposed at a side of the straight portion of the plate opening 304, Figure 16; 0365] from an upper surface of the upper cover [upper plate 301, Figure 16] but does not teach where the pressing portion protrudes downwardly from a lower surface of the upper cover. While Lee does not teach the pressing portion protrudes downwardly from a lower surface of the upper cove it would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the direction of the pressing portion through said upper cover, by placing said pressing portion at a bottom end of said pressing portion at a lower surface of the upper cover, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse , 86 USPQ 70 and since it has been held that a mere reversal of the essential working part of a device involves only routine skill in the art, In re Einstein , 8 USPQ 167. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEONA LAUREN BANKS whose telephone number is (571)270-0426. The examiner can normally be reached Mon-Fri 8:30- 6:00 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, Jerry-Daryl Fletcher can be reached at 5712705054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEONA LAUREN BANKS/Examiner, Art Unit 3763 /ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763 Application/Control Number: 18/941,043 Page 2 Art Unit: 3763 Application/Control Number: 18/941,043 Page 3 Art Unit: 3763 Application/Control Number: 18/941,043 Page 4 Art Unit: 3763 Application/Control Number: 18/941,043 Page 5 Art Unit: 3763 Application/Control Number: 18/941,043 Page 6 Art Unit: 3763 Application/Control Number: 18/941,043 Page 7 Art Unit: 3763 Application/Control Number: 18/941,043 Page 8 Art Unit: 3763 Application/Control Number: 18/941,043 Page 10 Art Unit: 3763 Application/Control Number: 18/941,043 Page 11 Art Unit: 3763 Application/Control Number: 18/941,043 Page 12 Art Unit: 3763 Application/Control Number: 18/941,043 Page 13 Art Unit: 3763 Application/Control Number: 18/941,043 Page 14 Art Unit: 3763 Application/Control Number: 18/941,043 Page 15 Art Unit: 3763 Application/Control Number: 18/941,043 Page 16 Art Unit: 3763 Application/Control Number: 18/941,043 Page 17 Art Unit: 3763 Application/Control Number: 18/941,043 Page 18 Art Unit: 3763 Application/Control Number: 18/941,043 Page 19 Art Unit: 3763 Application/Control Number: 18/941,043 Page 20 Art Unit: 3763 Application/Control Number: 18/941,043 Page 21 Art Unit: 3763 Application/Control Number: 18/941,043 Page 22 Art Unit: 3763
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Prosecution Timeline

Nov 08, 2024
Application Filed
May 18, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
58%
With Interview (+1.6%)
2y 5m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 34 resolved cases by this examiner. Grant probability derived from career allowance rate.

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