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 § 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.
Claim(s) 1-2, 4, 8-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knatt (2021/0293463) in view of Martinez Aroca (9,341,397).
Regarding claim 1, Knatt discloses an ice maker comprising:
a freeze plate (22) having a front side and back side (154; see figure 8), the freeze plate (22) configured to receive water at the front side and to form the water received at the front side into pieces of ice (see figures 6 and 8);
refrigerant tubing (21) thermally coupled to the back side (154) of the freeze plate (22) opposite the front side (see figures 13-14); and
an evaporator housing (170) attached to the freeze plate (22) and defining an enclosed cavity (180) behind the back side of the freeze plate (22; see figure 14), the evaporator housing (170) containing the refrigerant tubing (21) inside the enclosed cavity (180; see figure 14); wherein the enclosed cavity (180) is sealed watertight (paragraph [0088]; see figures 14-15).
However, Knatt fails to disclose the enclosed cavity (180) is sealed airtight.
Martinez teaches an electrical appliance for cooling or freezing products comprising enclosing walls, which cover an evaporator, so that the walls generate a watertight and airtight receptacle or interior space (see claim 1).
It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to modify the ice maker of Knatt to incorporate the claimed watertight and airtight feature for an interior space as taught by Martinez in order to provide airtight for the evaporator housing.
Regarding claim 2, Knatt as modified discloses the enclosed cavity (180) is at a vacuum pressure less than atmospheric pressure (upon the modification, the enclosed cavity 180 of Knatt is airtight which implies the enclosed cavity is a vacuum pressure less than atmospheric pressure in order to be airtight).
Regarding claim 5, Knatt discloses the back side (154) of the freeze plate (22) and the refrigerant tubing (21) are non-plated (see figure 14).
Regarding claim 8, Knatt discloses the evaporator housing (170) has a back wall (178) spaced apart from the back side (154) of the freeze plate (22) by a spacing distance (see figure 14).
Though Knatt fails to disclose the spacing distance is at least 1.5", in figure 14, Knatt clearly shows the spacing distance is at certain inches. Knatt’s disclosure meets the general condition of the claim limitation. Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention that the claimed spacing distance is just a matter of obviousness of similar or overlapping range which can be achieve through approaching ranges (see MPEP 2144.05 section I).
Regarding claim 9, Knatt as modified discloses the evaporator housing (170) is sealed to the freeze plate (22).
Though Knatt fails to disclose the sealing is by a cured-in-place seal, the limitation “a cured-in-place seal” constitutes a product-by-process limitation. It has been held that If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113.
Regarding claim 10, Knatt as modified discloses the ice maker further comprising an airtight perimeter gasket (the gasket of the inner surface of the bottom piece 172, the top piece 174, and the opposite side pieces 176; paragraph [0088]) compressed between the evaporator housing (170) and the freeze plate (22) for sealing the enclosed cavity (180) air tight (see claim 1 of Martinez). Also, the limitation “airtight perimeter gasket compressed between the evaporator housing and the freeze plate for sealing the enclosed cavity air tight” constitutes a product-by-process limitation. It has been held that If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113.
Regarding claim 11, Knatt as modified discloses the evaporator housing (170) comprises a back wall (178) and wherein the back wall (178) comprises one or more reinforcement features (snap-fit feature, bolts and nuts; paragraph [0090]) to resist vacuum bow (the vacuum due to airtight sealing of Martinez).
Regarding claim 12, Knatt as modified discloses the reinforcement features comprise ribs (snap-fit feature, bolts and nuts) formed on the back wall (178; paragraph [0090]).
Regarding claim 15, Knatt as modified discloses the refrigerant tubing (21) includes an inlet section and an outlet section (the inlet and outlet tubes 21 which passes through the housing 170) that penetrate the evaporator housing (170; see figure 14).
Allowable Subject Matter
Claim 3-4, 6-7, 13-14 and 16-20 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 a statement of reasons for the indication of allowable subject matter:
The primary reference Knatt taken alone or in combination fails to disclose the claimed features of the ice maker as required in claim 3-4, 6-7, 13-14 and 16-20. The enclosed cavity (170) of Knatt is filled with two layers of insulation. Knatt fails to disclose the claimed gas filling of the enclosed cavity as required in claims 3-4 and 6-7; Knatt fails to disclose the claimed inlet grommet forming the airtight seal between the inlet and the evaporator housing and the outlet grommet forming the airtight seal between the outlet and the evaporator housing as required in claim 16; Knatt also fails to disclose the vapor barrier along the interior side of the enclosed cavity, the barrier-enhancing additive and the forming treatments of the evaporator housing as required in claims 17 and 19-20, respectively. Also, the prior art of record fails to provide further teachings or motivations to modify the ice maker of Knatt in order to arrive the claim invention. Therefore, claims 3-4, 6-7, 13-14 and 16-20 are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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