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 05/18/2026 was filed after the filing date of this Application on 02/27/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “264” in Fig. 43 has been used to designate both the first pusher and the pushing bar.
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. 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Regarding claim 1, the claim recites “a cover configured to define a space accommodating at least a portion of the ice maker, …, an accommodation space being formed between the first surface and the third wall” which renders the claim indefinite. Referring to Fig. 61 of the drawings, it is unclear how the disclosed “space” which accommodates a portion of the ice maker is different from the disclosed “accommodation space”. More clarity is requested.
Regarding claim 3, the claim recites “a second edge of the pusher” which renders the claim indefinite in view of claim 1 from which claim 3 depends. Claim 1 previously discloses “the pushing bar includes … a second edge”. Therefore, as recited the claim is confusing because it is not entirely clear if the disclosed “second edge of the pusher” and the “second edge of the pushing bar” are referring to the same structure or entirely different and distinct structures. More clarity is requested.
Claim 13 recites the limitation “a water supply position” in line 3. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, the phrase “a water supply position” will be interpreted as -- the water supply position --
Claims 2, 4-12, and 14-20 are also rejected due to dependency.
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 20130081412 A1, herein after referred to as Son) in view of Kim et al. (US 20110094254 A1, herein after referred to as Kim).
Regarding claim 1, Son teaches an ice maker (ice maker 10 Fig. 1) comprising: a tray assembly (guide sleeves 114, air holes 115, and upper cells 113 Fig. 3) including a tray (upper cells 113 and guide sleeves 114 Fig. 3); a cell (corresponds to the cell illustrated in Fig. 8) in which water (corresponds to the water supplied in step S11 Fig. 10) is phase-changed into ice (step S14 Fig. 10), the tray defining a first portion of the cell (corresponds to the upper portion of the cell illustrated in Fig. 8); a pusher (upper ejecting pin assembly 19 Fig. 3) configured to separate the ice during an ice separation process (step S18 Fig. 10 and paragraph [0063]), and including a pushing bar (ejecting pins 192 Fig. 3), the pushing bar being configured to push out the ice disposed in the cell during the ice separation process (paragraph [0041]); a cover (see below annotated Fig. 3 of Son) configured to define a space (see below annotated Fig. 3 of Son) accommodating at least a portion of the ice maker (guide sleeves 114 Fig. 3 of Son), an accommodation space (corresponds to the upper half of the space formed between the two link guides 111, see below annotated Fig. 3 of Son), wherein the pushing bar includes a first edge (bottom edge of ejecting pin 192 Fig. 3) on which a pressing surface (corresponds to the surface that contacts the ice during the ice separation process described in paragraph [0041]) pressing the ice in the ice separation process is disposed (paragraph [0041]), and a second edge (upper edge of ejecting pin 192 Fig. 3) disposed opposite to the first edge (Fig. 3), and wherein at least one of a position (the positions of ejecting pin 192 illustrated in Figs. 6-8), a portion of the pusher (upper edge of ejecting pin 192 Figs. 6-8) is disposed in the accommodation space (Figs. 6-8).
PNG
media_image1.png
520
974
media_image1.png
Greyscale
Son teaches the invention as described above but fails to explicitly teach “wherein the cover includes a first surface, and a third wall spaced a predetermined distance from the first surface, the accommodation space being formed between the first surface and the third wall”.
However, Kim teaches wherein a cover (cover 2159 Fig. 33 corresponds to the cover of Son) includes a first surface (see below annotated Fig. 33 of Kim), and a third wall (see below annotated Fig. 33 of Kim) spaced a predetermined distance (see below annotated Fig. 33 of Kim) from the first surface, an accommodation space (see below annotated Fig. 33 of Kim) being formed between the first surface and the third wall (see below annotated Fig. 33 of Kim) to prevent water from flowing out of the ice maker during water supply when the door is opened (paragraph [0169]).
PNG
media_image2.png
651
837
media_image2.png
Greyscale
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of Son to include “wherein the cover includes a first surface, and a third wall spaced a predetermined distance from the first surface, the accommodation space being formed between the first surface and the third wall” in view of the teachings of Kim to prevent water from flowing out of the ice maker during water supply when the door is opened.
Regarding claim 2, the combined teachings teach wherein the portion of the pusher is controlled to be moved in the accommodation space (paragraph [0041] of Son).
Regarding claim 3, the combined teachings teach wherein the portion of the pusher is a second edge of the pusher (upper edge of ejecting pin 192 Fig. 3 of Son).
Regarding claim 4, the combined teachings teach wherein the cover further includes a second wall (see below annotated Fig. 33 of Kim) having a portion (see below annotated Fig. 33 of Kim) extending from the first surface of the cover (see below annotated Fig. 33 of Kim) and disposed between the first surface of the cover and the third wall of the cover (see below annotated Fig. 33 of Kim), and wherein the second wall forms the first surface of the cover (see below annotated Fig. 33 of Kim).
PNG
media_image3.png
651
837
media_image3.png
Greyscale
Regarding claim 5, the combined teachings teach wherein the cover further includes a first wall (see below annotated Fig. 33 of Kim) extending in a first direction (see below annotated Fig. 33 of Kim) and forming the first surface of the cover (see below annotated Fig. 33 of Kim).
PNG
media_image4.png
650
1003
media_image4.png
Greyscale
Regarding claim 6, the combined teachings teach further comprising a guide (guide protrusion 193 Fig. 3 of Son) which the pusher moves along (paragraph [0041] of Son).
Regarding claim 9, the combined teachings teach further comprising an additional tray assembly (lower tray 12 Fig. 3 of Son), the additional tray assembly including an additional tray (lower cells 141 and upper frame 13 Fig. 3 of Son) defining a second portion of the cell (corresponds to the lower portion of the cell illustrated in Fig. 8 of Son).
Regarding claim 10, the combined teachings teach wherein the additional tray assembly moves to an ice making position (corresponds to the position illustrated in Fig. 8 of Son) such that the ice starts to be made in the cell (step S14 Fig. 10 of Son), and wherein at the ice making position, the portion of the pusher is disposed in the accommodation space (Fig. 8 of Son).
Regarding claim 11, the combined teachings teach wherein the additional tray assembly moves to an ice separation position (corresponds to the position illustrated in Fig. 9 of Son) in a direction (corresponds to the disclosed “clockwise” direction disclosed in paragraph [0062] of Son) so as to take out the ice in the cell when the ice is made in the cell (paragraph [0062] of Son), and wherein at the ice separation position (Fig. 9 of Son), the portion of the pusher is disposed outside the accommodation space (Fig. 9 of Son).
Regarding claim 12, the combined teachings teach wherein the additional tray assembly moves to an ice separation position (corresponds to the position illustrated in Fig. 9 of Son) in a direction (corresponds to the disclosed “clockwise” direction disclosed in paragraph [0062] of Son) so as to take out the ice in the cell when the ice is made in the cell (paragraph [0062] of Son), and wherein at the ice separation position (see below annotated Fig. 33 of Kim), a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the first surface of the cover (see below annotated Fig. 33 of Kim) is less than a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the third wall of the cover (see below annotated Fig. 33 of Kim).
PNG
media_image5.png
735
866
media_image5.png
Greyscale
Regarding claim 13, the combined teachings teach wherein the additional tray assembly moves to a water supply position (corresponds to the position illustrated in Fig. 6 of Son) such that the water starts to be supplied (step S11 Fig. 10 of Son), and wherein at the water supply position (Fig. 6 of Son), the portion of the pusher is disposed in the accommodation space (Fig. 6 of Son).
Regarding claim 14, the combined teachings teach wherein at least one of a period (corresponds to step S14 Fig. 10 of Son) when the tray has a portion (corresponds to the lower portion of upper cells 113 Fig. 8 of Son) contacting with the additional tray (Fig. 8 of Son), the portion of the pusher is disposed in the accommodation space (Fig. 8 of Son).
Regarding claim 15, the combined teachings teach wherein at least one of a period (corresponds to step S18 Fig. 10 of Son) when the tray has a portion (corresponds to the lower portion of upper cells 113 Fig. 8 of Son) spaced apart from the additional tray (Fig. 9 of Son), the portion of the pusher is disposed outside the accommodation space (Fig. 9 of Son).
Regarding claim 16, the combined teachings teach wherein at least one of a period (corresponds to ice separation period of Kim Fig. 33) when the tray (ice tray 2151 Fig. 33 of Kim corresponds to the tray of Son) has a portion (corresponds to discharge port 2154 Fig. 33 of Kim) spaced apart from the additional tray (Fig. 33 of Kim where damper 2221 corresponds to the additional tray of Son), a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the first surface of the cover (see below annotated Fig. 33 of Kim) is less than a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the third wall of the cover (see below annotated Fig. 33 of Kim).
PNG
media_image6.png
448
736
media_image6.png
Greyscale
Regarding claim 17, the combined teachings teach wherein at least one of a period (corresponds to the entirety of step S14 Fig. 10 of Son) when the ice is made in the cell (step S14 Fig. 10 of Son), the portion of the pusher is disposed in the accommodation space (Fig. 8 of Son).
Regarding claim 18, the combined teachings teach wherein at least one of a period (corresponds to the entirety of step S18 Fig. 10 of Son) when the ice is separated from the tray (step S18 Fig. 10 of Son), the portion of the pusher is disposed outside the accommodation space (Fig. 9 of Son).
Regarding claim 19, the combined teachings teach wherein at least one of a period (corresponds to the ice separation period of Kim Fig. 33) when the ice is separated from the tray (Fig. 33 of Kim), a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the first surface of the cover (see below annotated Fig. 33 of Kim) is less than a distance (see below annotated Fig. 33 of Kim) between the portion of the pusher and the third wall of the cover (see below annotated Fig. 33 of Kim).
PNG
media_image7.png
448
736
media_image7.png
Greyscale
Regarding claim 20, the combined teachings teach wherein at least one of a period (corresponds to the entirety of step S11 Fig. 10 of Son) when the water is supplied to the cell (step 11 Fig. 10 of Son), the portion of the pusher is disposed in the accommodation space (Fig. 6 of Son).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Kim as applied to claim 1 above, and further in view of Kim (US 20080236187 A1, herein after referred to as Kim’87).
Regarding claim 7, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising a bracket configured to define at least a portion of a space that accommodates the tray assembly, wherein the first surface defines at least one of a support surface supporting the bracket”.
However, Kim’87 teaches further comprising a bracket (bracket 54 Fig. 2) configured to define at least a portion of a space (middle portion of bracket 54 Fig. 2) that accommodates a tray assembly (Fig. 2 where ice tray 52 corresponds to the tray assembly of Son), wherein a first surface (lower surface of shielding member 56 corresponds to the first surface of Kim) defines at least one of a support surface (lower surface of shielding member 56 connected to bracket 54 Fig. 2) supporting the bracket (Fig. 2) to mount the ice maker to the refrigerator (Fig. 2).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “further comprising a bracket configured to define at least a portion of a space that accommodates the tray assembly, wherein the first surface defines at least one of a support surface supporting the bracket” in view of the teachings of Kim’87 to prevent water from flowing out of the ice maker during water supply when the door is opened.
Regarding claim 8, the combined teachings teach the invention as described above but fail to explicitly teach “further comprising a bracket including a wall having a portion extending in a direction, wherein the bracket includes a fixing wall to be fixed to the first surface of the cover, and wherein the first surface defines at least one of a surface supported by the fixing wall”.
However, Kim’87 teaches further comprising a bracket (bracket 54 Fig. 2) including a wall (corresponds to the wall of bracket 54 connected to the refrigerator wall Fig. 2) having a portion (upper portion of bracket 54 Fig. 2) extending in a direction (vertical direction Fig. 2), wherein the bracket includes a fixing wall (corresponds to the wall coupled to shielding member 56 Fig. 2) to be fixed to a first surface (lower surface of shielding member 56 corresponds to the first surface of Kim) of a cover (shielding member 56 Fig. 2 corresponds to the cover of Son), and wherein the first surface defines at least one of a surface (lower surface of shielding member 56 connected to bracket 54 Fig. 2) supported by the fixing wall (Fig. 2) to mount the ice maker to the refrigerator (Fig. 2).
Therefore, it would have been obvious to a person skilled in the art before the effectively filed date to modify the apparatus of the combined teachings to include “further comprising a bracket including a wall having a portion extending in a direction, wherein the bracket includes a fixing wall to be fixed to the first surface of the cover, and wherein the first surface defines at least one of a surface supported by the fixing wall” in view of the teachings of Kim’87 to mount the ice maker to the refrigerator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMBA NMN GAYE whose telephone number is (571)272-8809. The examiner can normally be reached Monday-Thursday 4:30AM to 2:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMBA NMN GAYE/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights