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 Interpretation
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.
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.
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:
the limitation “a flow control device” in claims 6 and 11 includes a generic/nonce term “device” coupled with function “flow control” without reciting sufficient structure, material, or acts for performing the claimed function. A return to the specification provides the limitation “a communication unit” can be implemented in various ways, such as “a valve” or “a pump” [0044]. Therefore, the limitation is interpreted as the same or equivalents thereof.
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.
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
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 1-20 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 1 recites the limitation “an articulatable panel” in line 3 which is unclear and renders the claim indefinite. It is unclear what kind of feature or characteristic associated with the panel is considered “an articulatable panel”. For examination purposes, the limitation has been interpreted as “an accessible panel”.
Claim 1 recites the limitation "the reservoir" in line 10. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been interpreted as “a reservoir”.
Claim 9 recites the limitation “an articulatable top panel” in line 1 which is unclear and renders the claim indefinite. It is unclear what kind of feature or characteristic associated with the panel is considered “an articulatable top panel”. For examination purposes, the limitation has been interpreted as “an accessible top panel”.
Claim 11 recites the limitation “an articulatable panel” in line 3 which is unclear and renders the claim indefinite. It is unclear what kind of feature or characteristic associated with the panel is considered “an articulatable panel”. For examination purposes, the limitation has been interpreted as “an accessible panel”.
Claim 11 recites the limitation “an articulatable top panel” in line 10 which is unclear and renders the claim indefinite. It is unclear what kind of feature or characteristic associated with the panel is considered “an articulatable panel”. For examination purposes, the limitation has been interpreted as “an accessible panel”.
Claim 11 recites the limitation "the top panel" in line 11. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been interpreted as “the articulatable top panel”.
Claim 19 recites the limitation "an articulatable top panel" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been interpreted as “the articulatable top panel”.
Claim 19 recites the limitation "the top panel" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been interpreted as “the articulatable top panel”.
Claims 2-8, 10, 12-18 and 20 are rejected by the virtue dependency of claims 1 and 11.
Claim Rejections - 35 USC § 102
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, 5-7, 9, 11, 15 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitchell et al. (2023/0168021).
Regarding claim 1, Mitchell discloses an ice maker appliance, the ice maker appliance comprising:
a cabinet (110) comprising a plurality of walls forming an interior (see figure 2), wherein at least one (the door 119) of the plurality of walls comprises an articulatable panel (the door 119; the door 119 permit selective access to interior volume 111, paragraph [0018]; see figure 3);
an ice engine (120) comprising a water supply opening (the opening of the ice mold which receive water from the nozzle 126; see figure 3);
a housing (a first reservoir 182) comprising a body (the body of the reservoir) positioned at the interior (111) of the cabinet (110; see figure 3), the body comprising a side wall and a base wall (see figure 3), wherein a supply inlet opening (the inlet opening which associated with the conduit 140; see figure 3) and an ice engine supply opening (the nozzle 126) are formed through the body (the body of the reservoir 128), and wherein the side wall and the base wall form a receiving plenum (see figure 3) at which water is received from the supply inlet opening (the inlet opening which associated with the conduit 140; see figure 3); and
a water supply conduit (152) fluidly coupling the reservoir (a second reservoir 138) to the ice engine (120 or 124; paragraph [0034]), wherein the water supply conduit (152) fluidly couples from the ice engine supply opening (the nozzle 126) to the water supply opening (the opening of the ice mold which receive water from the nozzle 126; see figure 3), and wherein the articulatable panel (119) extends substantially alongside the body (the body of the reservoir 128), the articulatable panel (the door 119) configured to provide access to the interior of the cabinet (110; see figures 1-4).
Regarding claim 5, Mitchell discloses the articulatable panel (the door 119) is detachable from the cabinet (110) to provide access to the interior of the cabinet (the door 119 is detachable to access the interior of the cabinet; see figures 1-4).
Regarding claim 6, Mitchell discloses a reservoir supply conduit (the reservoir supply conduit which connected between the reservoir 138 and the pump 144) fluidly coupling the housing (128) to a main water supply (130) and a flow control device (144; see figure 3), wherein the flow control device (144) is operably coupled to a water level sensor (136) configured to determine a water height at the reservoir (138; paragraphs [0036]-[0037]; see figure 3), the flow control device (144) operably coupled to the water level sensor (136) to selectively permit flow of water through the reservoir supply conduit (the reservoir supply conduit which connected between the reservoir 138 and the pump 144) to the reservoir (138) based on the water height at the reservoir (138; paragraphs [0036]-[0037]; see figure 3).
Regarding claim 7, Mitchell discloses a water filter (154) positioned at a water filter plenum (the interior of the filter 154) formed at the housing (128), the water filter (154) positioned fluidly upstream of the ice engine supply opening (the nozzle 126; see figure 3).
Regarding claim 9, Mitchell discloses the ice maker appliance comprises a nugget ice maker appliance (Mitchell discloses the ice maker includes ice mold 124 to produce ice cube therefore, the ice maker is a nugget ice maker appliance; paragraph [0021]; see figure 3).
Regarding claim 11, Mitchell discloses an ice maker appliance, the ice maker appliance comprising:
a cabinet (110) comprising a plurality of walls forming an interior (111; see figures 1-4), wherein at least one of the plurality of walls comprises an articulatable panel (the door 119; the door 119 permit selective access to interior volume 111, paragraph [0018]; see figure 3);
an ice engine (120) comprising a water supply opening (the opening of the ice mold which receive water from the nozzle 126; see figure 3);
a lower reservoir (138) comprising a supply outlet opening (the opening at the bottom of the reservoir 138);
an upper reservoir (128) comprising a body (the body of the reservoir), the body comprising a side wall and a base wall (see figure 3), wherein a supply inlet opening (the inlet opening which associated with the conduit 140) and an ice engine supply opening (126; see figure 3) are formed through the body (the body of the reservoir 128), and wherein the body (the body of the reservoir) forms a receiving plenum (see figure 3) at which water is received from the supply inlet opening (the inlet opening which associated with the conduit 140; see figure 3), and wherein the upper reservoir (128) comprises an articulatable top panel (the swing door 122) permitting selective access to the receiving plenum (see figure 3), wherein the top panel (122) couples to the body (the body of the reservoir 128);
a water supply conduit (140) fluidly coupling the upper reservoir (128) to the ice engine (the ice mold 124), wherein the water supply conduit (140) fluidly couples from the ice engine supply opening (the inlet opening which associated with the conduit 140) to the water supply opening (the opening of the ice mold 124 which receive water from the nozzle 126; see figure 3); and
an upper reservoir supply conduit (152) fluidly coupling the lower reservoir (138) to the upper reservoir (128), wherein the upper reservoir supply conduit (152) fluidly couples from the supply outlet opening (the opening at the bottom of the lower reservoir 138) to the supply inlet opening (the inlet opening which associated with the conduit 140; see figure 3), and wherein a flow control device (the pump 144) is configured to selectively feed water through the upper reservoir supply conduit (152) from the lower reservoir (138) to the upper reservoir (128; see figure 3),
wherein the articulatable panel (119) extends substantially alongside the body (the body of the upper reservoir 128), the articulatable panel (119) configured to provide access to the interior (111) of the cabinet (110), and wherein the upper reservoir (128) is positioned in the interior (111) of the cabinet (110; see figure 3).
Regarding claim 15, Mitchell discloses the articulatable panel (the door 119) is detachable from the cabinet (110) to provide access to the interior of the cabinet (the door 119 is detachable to access the interior of the cabinet; see figures 1-4).
Regarding claim 19, Mitchell discloses an articulatable top panel (122) permitting selective access to a receiving plenum (the plenum of the reservoir 128) at the upper reservoir (128), wherein the top panel (122) couples to the body (the body of the reservoir 128), and wherein a water filter (154) is positioned at a water filter plenum (the interior of the filter 154) formed at the upper reservoir (128; see figure 3).
Allowable Subject Matter
Claims 2-4, 8-9, 12-14, 16-18 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 Mitchell taken alone or in combination fails to disclose the claimed structure detail of the ice maker appliance as required in claims 2-4, 8-9, 12-14, 16-18 and 20. Also, the prior art of record fails to provide further teachings or motivations to modify the ice maker appliance of Mitchell in order to arrive the claim invention. Therefore, claims 2-4, 8-9, 12-14, 16-18 and 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUN KAI MA/Primary Examiner, Art Unit 3763
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