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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/11/2024 was filed on or after the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract contains the title of the invention. 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).
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 “electrical communication lead” recited in claims 6, 7 and 8 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-8 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 6, the recitation of “…wherein the water level sensor comprises an electrical communication lead extending through the body into the receiving plenum,” renders the claim unclear. For example, without adequate disclosure, the relationship between the sensor, electrical communication lead and the body is unclear. Thus, how would one necessarily determine infringement.
Thus, one skilled in the art not having the ability to determine the relationship between the components would not necessarily be able to ascertain the metes and bounds of the particular claim limitation(s).
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 7, the recitation of “…wherein the electrical communication lead extends through the side wall of the body into the receiving plenum,” renders the claim unclear. For example, without adequate disclosure, the relationship between the sensor, electrical communication lead and the body is unclear. Thus, how would one necessarily determine infringement.
Thus, one skilled in the art not having the ability to determine the relationship between the components would not necessarily be able to ascertain the metes and bounds of the particular claim limitation(s).
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding Claim 8, the recitation of “…wherein the electrical communication lead extends through the base wall of the body into the receiving plenum,” renders the claim unclear. For example, without adequate disclosure, the relationship between the sensor, electrical communication lead and the body is unclear. Thus, how would one necessarily determine infringement.
Thus, one skilled in the art not having the ability to determine the relationship between the components would not necessarily be able to ascertain the metes and bounds of the particular claim limitation(s).
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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) 1, 9 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN216384701U) in view of Cao et al. (CN107990625A).
Regarding Claim 1, Chen teaches an ice maker appliance [0001], the ice maker appliance comprising:
an ice engine comprising a water supply opening [at least the opening associated with inlet 51; n0036; fig 6]; a flow control device [7; n0036];
a lower reservoir [22] comprising a supply outlet opening [at least at the water supply pipe associated with pump 7; n0036];
an upper reservoir comprising a body, the body comprising a side wall and a base wall [Drawing I], wherein a supply inlet opening [at 52], and an ice engine supply opening [at 51] are formed through the body [n0036], and wherein the body forms a receiving plenum at which water is received from the supply inlet opening, and wherein the upper reservoir comprises an articulatable top panel [34] permitting selective access to the receiving plenum, wherein the top panel couples to the body [n0035];
an upper reservoir supply conduit [the water supply pipe associated with pump 7] fluidly coupling the lower reservoir [22] to the upper reservoir [5; n0036], wherein the upper reservoir supply conduit fluidly couples from the supply outlet opening to the supply inlet opening [n0036], and wherein the flow control device [7] is configured to selectively feed water through the upper reservoir supply conduit from the lower reservoir to the upper reservoir [n0036].
Whereas Chen teaches the upper reservoir is connected to the ice engine [at least at water inlet 51; n0036], Chen does not explicitly teach a water supply conduit fluidly coupling the upper reservoir to the ice engine, wherein the water supply conduit fluidly couples from the ice engine supply opening to the water supply opening,
wherein a water filter is positioned fluidly upstream of the water supply conduit and the ice engine.
However, Cao teaches a refrigerator having an ice maker [0002] having a water supply conduit [33] fluidly coupling an upper reservoir [31] to the ice engine [34], wherein the water supply conduit fluidly couples from the ice engine supply opening to the water supply opening [0040],
wherein a water filter [38] is positioned fluidly upstream of the water supply conduit and the ice engine [0063-0065; figs 4-11] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide an ice making assembly having easy installation [0008].
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 Chen to have a water supply conduit fluidly coupling the upper reservoir to the ice engine, wherein the water supply conduit fluidly couples from the ice engine supply opening to the water supply opening,
wherein a water filter is positioned fluidly upstream of the water supply conduit and the ice engine in view of the teachings of Cao where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide an ice making assembly having easy installation.
Regarding Claim 9, Chen, as modified, teaches the invention of claim 1 above and Cao teaches where the water filter [38] is disposable in fluid arrangement between the receiving plenum [31] and the ice engine supply opening at the upper reservoir [0063-0065; figs 4-11].
Regarding Claim 20, Chen, as modified, teaches the invention of claim 1 above and Chen teaches a water level sensor [54] configured to determine a water height at the upper reservoir, wherein the water level sensor is operably coupled to the flow control device [7], and wherein the flow control device is configured to activate to supply water from the lower reservoir to the upper reservoir when the water level sensor determines a water height at the upper reservoir at or less than a minimum water level height, and wherein the flow control device is configured to deactivate to discontinue supplying water from the lower reservoir to the upper reservoir when the water level sensor determines the water height at the upper reservoir at or greater than a maximum water level height [n0036].
Claim(s) 2, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN216384701U) and Cao et al. (CN107990625A) as applied to claim 1 above, and further in view of Kim et al. (US2017/0327388).
Regarding Claim 2, Chen, as modified, teaches the invention of claim 1 above but does not explicitly teach wherein a hinge couples the top panel to the body of the upper reservoir.
However, Kim teaches a water purifier and a water storage tank [0004] having wherein a hinge [62] couples a top panel [60] to the body of a reservoir [30; 0055-0066; figs 3, 4 &7] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide sealing for the open surface of the water storage tank [0031].
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 Chen to have wherein a hinge couples the top panel to the body of the upper reservoir in view of the teachings of Kim where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide sealing for the open surface of the water storage tank.
Regarding Claim 3, Chen, as modified, teaches the invention of claim 1 above but does not explicitly teach wherein the top panel is configured to couple to an upper lip of the body as a snap fit.
However, Kim teaches a water purifier and a water storage tank [0004] having wherein a top panel [60] is configured to couple to an upper lip of a body [30] as a snap fit [as provided by fixing member 513; 30; 0033-0037; figs 3, 4 &7] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide firm closure for the cover [0037].
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 Chen to have wherein the top panel is configured to couple to an upper lip of the body as a snap fit in view of the teachings of Kim where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide firm closure for the cover.
Regarding Claim 5, Chen, as modified, teaches the invention of claim 1 above but does not teach where the ice maker appliance comprising a water level sensor configured to determine a water height at the upper reservoir.
However, Kim teaches a water purifier and a water storage tank [0004] having the appliance has a water level sensor [54] configured to determine a water height at the reservoir [30; 0054; 0054] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide the user with an indication of the water level and thereby improve user experience.
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 Chen to have the ice maker appliance comprising a water level sensor configured to determine a water height at the upper reservoir in view of the teachings of Kim where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide the user with an indication of the water level and thereby improve user experience.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN216384701U) and Cao et al. (CN107990625A) as applied to claim 1 above, and further in view of Cho et al. (US2022/0003480).
Regarding Claim 4, Chen, as modified, teaches the invention of claim 1 above but does not explicitly teach wherein the top panel is configured to slide relative to the body to permit selective access to the receiving plenum.
However, Cho teaches a refrigerator having an ice maker with a water container [; 300; 0001; fig 4] wherein a top panel [320] is configured to slide relative to a body [310] to permit selective access [0091-0092; fig 7] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. by applying a slide-type lid to the water container, the sealed state of the water container can be maintained when moved, thereby preventing dripping water [0031].
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 Chen to have wherein the top panel is configured to slide relative to the body to permit selective access to the receiving plenum in view of the teachings of Cho where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. by applying a slide-type lid to the water container, the sealed state of the water container can be maintained when moved, thereby preventing dripping water
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN216384701U), Cao et al. (CN107990625A) and Kim et al. (US2017/0327388) as applied to claim 5 above, and further in view of Qi (US2021/0190347).
Regarding Claim 6, as best understood, Chen, as modified, teaches the invention of claim 5 above but does not teach wherein the water level sensor comprises an electrical communication lead extending through the body into the receiving plenum.
However, Qi teaches a humidifier having a water tank [11; 0002] where a water level sensor [3] comprises an electrical communication lead [at least connection device 5] extending through the body into the water tank [0057-0076; see figs 2, 4 & 6] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing structure whereby the sensor allows the tank to removes and thereby provides flexibility to the system [0066].
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 Chen to have where the water level sensor comprises an electrical communication lead extending through the body into the receiving plenum in view of the teachings of Qi where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing structure whereby the sensor allows the tank to removes and thereby provides flexibility to the system.
Regarding Claim 8, Chen, as modified, teaches the invention of claim 6 above and Qi teaches wherein the electrical communication lead [at 5] extends through the base wall of the body into the receiving plenum [0057-0076; see figs 2, 4 & 6; where the connectors extend through the bottom of the tank]
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable Chen et al. (CN216384701U), Cao et al. (CN107990625A), Kim et al. (US2017/0327388) and Qi (US2021/0190347) as applied to claim 6 above, and further in view of Chai et al. (US2005/0229700).
Regarding Claim 7, Chen, as modified, teaches the invention of claim 6 above but does not teach wherein the electrical communication lead extends through the side wall of the body into the receiving plenum.
However, Chai teaches a water container [10] having a level [40; 0047; fig 1] wherein an electrical communication lead [28] extends through the side wall of container [0047-0049; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing structure whereby the level sensor has compact construction.
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 Chen to have wherein the electrical communication lead extends through the side wall of the body into the receiving plenum in view of the teachings of Chai where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing structure whereby the level sensor has compact construction.
Allowable Subject Matter
Claims 10 and 14 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. Claims 11-13 and 15-19 fall as objected based upon dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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