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 .
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 “wherein the drawer assembly further comprises: a rear connection portion slidably received within the slide aperture” 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 12-13 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.
The term “substantially” in claim 12 is a relative term which renders the claim indefinite. The term “substantially” 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.
Claim 13 is rejected based on dependency from a rejected claim.
Claim Rejections - 35 USC § 103
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 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 non-obviousness.
Claims 1-2, 6-10, 15-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell (US 20200363115 A1, hereinafter Mitchell) in view of Cuntian (WO 2020114380 A1, hereinafter Cuntian).
Regarding claims 1 and 15, Mitchell teaches a refrigerator appliance (refrigerator appliance 100) defining a vertical direction (vertical direction V, paragraph 0021), a lateral direction (lateral direction L, paragraph 0021), and transverse direction (transverse direction T, paragraph 0021), comprising: a cabinet (cabinet 120) defining a chilled chamber (chambers 122/124); a door assembly (doors 128) rotatably mounted to the cabinet (figure 2) to provide selective access to the chilled chamber (paragraph 0023); an icemaker (icemaker 208) operably coupled to the chilled chamber (figure 2) and configured for forming ice (paragraph 0039).
Mitchell teaches the invention as described above but fail to teach a drawer assembly comprising: a drawer frame comprising a front wall, a rear wall, and a bottom wall, wherein the drawer frame at least partially defines an ice reservoir for storing the ice from the icemaker; a partition mounted within the drawer frame and being slidable along the lateral direction; and one or more locating features defined on at least one of the front wall or the rear wall.
However, Cuntian teaches a drawer assembly (storage container 41) comprising: a drawer frame (figures 4-5) comprising a front wall (as shown on figures 4-5), a rear wall (as shown on figures 4-5), and a bottom wall (as shown on figures 4-5), wherein the drawer frame at least partially defines an ice reservoir (ice storage space 44) for storing the ice from the icemaker (as shown on figure 3); a partition mounted (partition wall 43) within the drawer frame (as shown on figure 3) and being slidable along the lateral direction (as shown on figure 4); and one or more locating features (support members 46a1) defined on at least one of the front wall or the rear wall (as shown on figure 4).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the teachings of Mitchell to include a drawer assembly comprising: a drawer frame comprising a front wall, a rear wall, and a bottom wall, wherein the drawer frame at least partially defines an ice reservoir for storing the ice from the icemaker; a partition mounted within the drawer frame and being slidable along the lateral direction; and one or more locating features defined on at least one of the front wall or the rear wall in view of the teachings of Cuntian in order to yield the predictable result of adjusting volume of the ice storage space can be adjusted appropriately even if the consumption of ice and frozen items changes due to user attributes and seasonal changes.
Further, it is understood, claim 1 includes an intended use recitation, for example “…configured to...”. The applicant is reminded that a recitation with respect to the manner which a claimed apparatus is intended to be does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here. While features of an apparatus may be recited either structurally or functionally, the claims are directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
Regarding claims 2 and 16, the combined teachings teach wherein the one or more locating features (support member 46a1 of Cuntian) comprise: one or more slide rails (convex rails 462, figure 5 of Cuntian) extending from the front wall (front wall of container 41, figure 5 of Cuntian) into the ice reservoir along the transverse direction (as shown on figure 5), the one or more slide rails (convex rails 462, figure 5 of Cuntian) defining a plurality of receiving slots (as shown on figure 5 of Cuntian), each receiving slot having a stopping feature for locking the partition in the receiving slot (the bottom end portion 43b of the partition member 43 may be detachably snapped by an arbitrary member and it engages with the rail 462 to support the partition member 43, paragraph 0042 of Cuntian).
Regarding claim 6, the combined teachings teach wherein the one or more locating features (support member 46a1 of Cuntian) comprise: one or more slide rails (convex rails 462, figure 5 of Cuntian) extending from the rear wall (rear wall of container 41, figure 5 of Cuntian) into the ice reservoir along the transverse direction (as shown on figure 5), the one or more slide rails (convex rails 462, figure 5 of Cuntian) defining a plurality of receiving slots (as shown on figure 5 of Cuntian), each receiving slot having a stopping feature for locking the partition in the receiving slot (the bottom end portion 43b of the partition member 43 may be detachably snapped by an arbitrary member and it engages with the rail 462 to support the partition member 43, paragraph 0042 of Cuntian).
Regarding claims 7 and 20, the combined teachings teach wherein the rear wall (back wall 41c, as shown on figure 6 of Cuntian) defines a slide aperture (movement guides 463 of Cuntian) that is elongated along the lateral direction (as shown on figure 6 of Cuntian), and wherein the drawer assembly (storage container 41 of Cuntian) further comprises: a rear connection portion slidably received within the slide aperture (the partition wall 43 includes, for example, tabs, and is formed to protrude outward from both side portions thereof. The tab can be inserted into the gap between the upper and lower rails. As a result, the partition wall 43 is supported by the movement guide 463 in a movable state in the width direction, paragraph 0044 of Cuntian).
Regarding claim 8, the combined teachings teach wherein the rear connection portion (tabs, paragraph 0044 of Cuntian) comprises: a slide bracket mechanically coupled to the slide aperture to facilitate sliding of the partition (the partition wall 43 includes, for example, tabs, and is formed to protrude outward from both side portions thereof. The tab can be inserted into the gap between the upper and lower rails. As a result, the partition wall 43 is supported by the movement guide 463 in a movable state in the width direction, paragraph 0044 of Cuntian).
Regarding claim 9, the combined teachings teach wherein the one or more locating features (support members 46a1 of Cuntian) comprise: one or more protrusions (support members 46a1/46b1/46c1, as shown on figure 4 of Cuntian) that extend from the front wall (as shown on figure 4 of Cuntian) or the rear wall into the ice reservoir to define positioning slots (as shown on figure 4 of Cuntian).
Regarding claim 10, the combined teachings teach wherein the positioning slots (as shown on figure 4 of Cuntian) are the same width as the partition (partition member 43, as shown on figure 4 of Cuntian).
Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell as modified by Cuntian, as applied to claim 2 above, and in further view of Wantland (US 10451339 B1, hereinafter Wantland).
Regarding claims 3 and 17, the combined teachings teach the invention as described above but fail to teach wherein the one or more slide rails define at least one inclined surface that is angled downward along the vertical direction toward a respective receiving slot.
However, Wantland teaches wherein the one or more slide rails (recess 258) define at least one inclined surface that is angled downward (top portion of track 254 angled downwards, as shown on figure 5) along the vertical direction (figure 5) toward a respective receiving slot (track 254).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the one or more slide rails define at least one inclined surface that is angled downward along the vertical direction toward a respective receiving slot in view of the teachings of Wantland in order to yield the predictable result of preventing the roller and divider from falling out of the track.
Claims 4-5, 11-13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell as modified by Cuntian, as applied to claim 2 above, and in further view of More et al (US 20250389475 A1, hereinafter More).
Regarding claims 4 and 18, the combined teachings teach the invention as described above but fail to teach wherein the stopping feature is a hooked bottom at an end of the receiving slot for at least partially surrounding an engagement portion of the partition.
However, More teaches wherein the stopping feature is a hooked bottom (barbed ends 76) at an end of the receiving slot (apertures 72, figure 8) for at least partially surrounding an engagement portion of the partition (surrounding an engagement portion of partition 52, figure 8).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the stopping feature is a hooked bottom at an end of the receiving slot for at least partially surrounding an engagement portion of the partition in view of the teachings of More in order to yield the predictable result of preventing each guide from being pulled out from the corresponding orifice so that the guide remains secured to the partition.
Regarding claims 5 and 19, the combined teachings teach further comprising: a top wall (top wall of slot 40, figure 7 of More) positioned above the one or more slide rails (guide 64, figures 4 and 7 of More) to define a top of the receiving slots (apertures 72 of More) to prevent upward movement of the partition (as described in paragraphs 0034-0035 of More).
Regarding claim 11, the combined teachings teach wherein the positioning slots (slot 40 of More) are positioned proximate a top of the front wall (as shown on figures 4 and 7 of More).
Regarding claim 12, the combined teachings teach further comprising: one or more support walls (second recess region 90 of More) extending from the bottom wall (bottom wall 36 of More) upward along the vertical direction (as shown on figure 7 of More).
Regarding claim 13, the combined teachings teach wherein the one or more support walls (second recess region 90 of More) are aligned with one or more locating features (guide rail 84, as shown on figure 7 of More).
Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell as modified by Cuntian, as applied to claim 1 above, and in further view of Barfoot et al (US 11667455 B2, hereinafter Barfoot).
Regarding claim 14, the combined teachings teach the invention as described above but fail to teach wherein the partition further defines a handle aperture.
However, Barfoot teaches wherein the partition (divider 100) further defines a handle aperture (handle 112, figure 3).
Therefore, it would have been obvious to a person skilled in the art before the effective filing date of the invention to modify the appliance in the combined teachings to include wherein the partition further defines a handle aperture in view of the teachings of Barfoot in order to yield the predictable result of assisting a user in inserting and/or removing divider from the interior cavity of container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARIO DELEON whose telephone number is (571)272-8687. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Daryl 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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/DARIO ANTONIO DELEON/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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