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 .
Note that the application file contains original claims filed January 10, 2025 (original claims), and a second set of claims filed January 10, 2025 which incorporated a preliminary amendment (preliminary amendment). Applicant subsequently filed another set of claims filed September 30, 2025 (most recent set of claims). The most recent set of claims does not include any status identifiers nor the preliminary amendments made to the original set of claims. For the purposes of examination, the examiner is going to examine the claims as filed in the preliminary amendment. However, any amendments to the claims should clarify the amendments present in the preliminary amendment.
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.
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.
Claim limitation “fixing member” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “member” coupled with functional language “connecting the ice tray” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 6 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
Claim limitation “limiting part” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “part” coupled with functional language “limiting” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 9 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Fixing member → element 50 which appears to be a plate
limiting part → element 130 which appears to be a plate
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim Objections
Claims 1, 2, 3, and 10 are objected to because of the following informalities: In claim 1 lines 12 and 14, claim 2 line 2, claim 3 line 3, and claim 10 line 2, the term “the surge outlet(s)” and “each the surge outlet” should be amended to read, “the plurality of surge outlets” and “each of the plurality of surge outlets” for continuity of the claims. Appropriate correction is required.
Claim 12 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim shall not serve as a basis for any other multiple dependent claims. See MPEP § 608.01(n). Claim 11 is a multiple dependent claim which serves as the basis for claim 12 and is therefore an improper dependent claim.
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.
Claims 1-7, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR20130110875 to Kim et al., hereinafter referred to as Kim, (see English language translation provided herewith).
In reference to claim 1, Kim discloses the claimed invention including:
An ice maker (100), comprising:
a water storage box (illustrated but not labeled in figure 13, see annotated reference below for the examiner's definition of the water storage box);
an ice tray (300b), the ice tray is formed with an ice making cavity (310), and the ice tray (300b) is pivotable relative to the water storage box to switch between an ice making position (as seen in figure 9) and an ejection position (as seen in figure 12);
a refrigeration device (200), comprising a plurality of ice making columns (210);
at least a portion of the ice making columns (210) extends into the ice making cavity (310), when the ice tray is in the ice making position (see at least figure 10);
a liquid delivery assembly (400), comprising a liquid delivery tube (430/440) connecting the water storage box and the ice tray (300b);
wherein the liquid delivery tube (430) comprises a plurality of surge outlets exposed to the ice making cavity, the number of the surge outlets (410) being the same as the number of the ice making columns (210), and, in the ice making position, each of the plurality of surge outlets (410) is oriented towards each the ice making column (210), see figure 10.
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In reference to claim 2, Kim discloses the claimed invention including:
centerlines of the plurality of the surge outlets (410) are mutually parallel, and the centerline of each of the plurality of surge outlets is collinear with an axis of each the ice making column (210), as seen in figure 10.
In reference to claim 3, Kim discloses the claimed invention including:
the ice tray (300b) comprises an ice making opening for exposing the ice making cavity (310), and the liquid delivery tube (430) comprises a surge section forming the plurality of surge outlets, the surge section being disposed opposite to the ice making opening. See annotated reference below for the examiner's definition of the ice making opening and surge section.
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In reference to claim 4, Kim discloses the claimed invention including:
wherein the ice tray (300b) comprises a bottom wall and a side wall connected to the periphery of the bottom wall and the side wall defines the ice making opening (see annotated reference below), and the surge section is fixedly connected to the bottom wall.
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In reference to claim 5, Kim discloses the claimed invention including:
the water storage box comprises an installation cavity and a water storage cavity (450) communicating with the installation cavity (as defined in the annotated reference with respect to claim 1 supra), the liquid delivery system (400) comprises a liquid delivery pump (420) disposed on the liquid delivery tube (430/440), the ice tray (300b) is located above the water storage cavity (450), and the ice making opening is exposed to the installation cavity (see annotated reference above with respect to claim 3).
In reference to claim 6, Kim discloses the claimed invention including:
the ice tray (300b) comprises a positioning slot (311) formed on the bottom wall and matching with the surge section, and the ice maker comprises a fixing member (as defined below) connecting the ice tray (300b), the surge section being disposed in the positioning slot (410) and abutting against the fixing member, see figure 9.
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In reference to claim 7, Kim discloses the claimed invention including:
the ice maker comprises an ice storage box (500) connected to the water storage box, the ice storage box (500) having an ice storage opening exposed to the installation cavity (see figure 9), the ice tray (300b) is pivotally connected to the water storage box (see figure 12), the ejection position has a draining state (figure 12) and an ice release state (figure 13) corresponding to different orientation of the ice making opening, and in the ice release state (figure 13), the ice making columns (210) are exposed to the installation cavity and located directly above the ice storage opening (top of 500), see figure 13.
In reference to claim 10, Kim discloses the claimed invention including:
Note that the recitation of the refrigeration device is activated no earlier than the liquid output time of the surge outlet when in the ice making position is simply a statement of the intended use of the ice maker that does not result in any structure different than that disclosed by Kim (i.e. there is no controller configured to so perform). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the claim does not require any additional structure than the structure disclosed by Kim to perform the intended use, and the ice maker shown in Kim would be capable of being activated no earlier than the liquid output time of the surge outlet when in the ice making position, Kim is considered to meet all of the structural limitations of the claims.
In reference to claim 11, Kim discloses the claimed invention including:
Note that the recitation of the refrigeration device is activated when the ice making cavity is filled with liquid in the ice making position is simply a statement of the intended use of the ice maker that does not result in any structure different than that disclosed by Kim (i.e. there is no controller configured to so perform). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the claim does not require any additional structure than the structure disclosed by Kim to perform the intended use, and the ice maker shown in Kim would be capable of being activated when the ice making cavity is filled with liquid in the ice making position, Kim is considered to meet all of the structural limitations of the claims.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US2022/0299248 to Schiller et al., hereinafter referred to as Schiller.
In reference to claim 12, Kim as modified by Schiller discloses the claimed invention.
Kim fails to disclose a refrigerator comprises the ice maker. However, Schiller teaches that using ice makers in refrigerator appliances is known [0028]. This is strong evidence that modifying Kim as claimed to be used in a refrigerator appliance would produce predictable results (i.e., produce ice in a household refrigerator and utilize the cooling equipment of the refrigerator to freeze the ice). Accordingly, it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed, to modify Kim by Schiller such that the ice maker was installed in a refrigerator since all claimed elements were known in the art, and one having ordinary skill in the art could have modified the prior art as claimed by known methods with no changes in their respective functions and the combination would have yielded a predictable result of producing ice in a household refrigerator and utilize the cooling equipment of the refrigerator to freeze the ice.
Allowable Subject Matter
Claims 8 and 9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSEY D BAUER whose telephone number is (571)270-7113. The examiner can normally be reached Mon-Thurs: 10AM-8PM (ET).
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
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