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 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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2013/0014535 A1), hereafter referred to as “Son,” in view of Son et al. (US 2013/0081412 A1), hereafter referred to as “Son ‘412.”
Regarding Claim 1: Son teaches an ice maker (100, and all embodiments 200, 300, 400, 500, 600) comprising: a first tray (110) including a first tray body (body 110) defining a first chamber (115); and a second tray (120) including a second tray body (body of 120) defining a second chamber (122), wherein the second tray (120) is configured to move relative to the first tray (see Figure 13), wherein the first chamber (115) and the second chamber (122) are configured to couple to each other to form an ice chamber (115, 122) in which ice is generated (paragraph [0052]), wherein the first tray (110) is made of a deformable material (455, see Figure 23), and wherein the second tray (120) is configured to perform an additional movement in a state in which one surface of the first tray body (110) and the second tray body (120) are in contact with each other (see Figure 8-9).
Son fails to teach wherein second tray is made of a deformable material.
Son ‘412 teaches a second tray (12) is made of a deformable material (141, paragraph [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein second tray is made of a deformable material to the structure of Son as taught by Son ‘412 in order to advantageously provide to facility to the removal of ice cubes from the ice cell (see Son ‘412, paragraph [0064]).
Regarding Claim 2: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), and wherein the one surface of the first tray body (110) includes a first surface and a second surface (see Figure 8), wherein the first surface is closer to the pivot axis (134) than the second surface is (see Figure 13).
Regarding Claim 3: Son teaches wherein an overlap amount between the first surface and one surface of the second tray (120) increases based on the additional movement of the second tray (see Figures 8-9).
Regarding Claim 4: Son teaches wherein an overlap amount between the second surface and one surface of the second tray (120) increases based on the additional movement of the second tray (see Figures 8-9).
Regarding Claim 5: Son teaches wherein before the second tray (120) moves toward the first tray (110) such that the ice chamber (115, 122) is closed (see Figure 9), a distance between the second surface of the first tray body (110) and at least a portion of a contact surface between the one surface of the first tray body (110) and the second tray body (120) at an ice-making position (see Figure 9) is larger than a distance between the first surface of the first tray body (110) and the at least a portion of the contact surface (see Figures 8-9).
Regarding Claim 6: Son teaches wherein before one surface of the second tray body (120) and the one surface of the first tray body (110) come into contact with each other (see Figure 8), a distance between the second surface of the first tray body (110) and at least a portion of a contact surface between one surface of the first tray body (110) and the second tray body (120) at an ice-making position (see Figure 9) is greater than a distance between the first surface of the first tray body (110) and the at least a portion of the contact surface (see slopes of 110 and 120 in Figures 8-9, vertical slopes of 110, 120).
Regarding Claim 7: Son teaches wherein in a state in which the ice chamber (115, 122) is open (see Figure 3), the one surface of the first tray body (slopes of 115) is inclined (see Figure 8).
Regarding Claim 8: Son teaches wherein before the second tray (120) moves such that one surface of the second tray body (120) extends in a horizontal manner (see Figure 8), the one surface of the second tray body (body of 120) and the one surface of the first tray body (body of 110) come into contact with each other (see Figure 9).
Regarding Claim 9: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), and wherein the pivot axis (134) is located outside each of the first chamber and the second chamber (see Figure 13).
Regarding Claim 10: Son teaches wherein each of the first chamber (115, paragraph [0052]) and the second chamber (122) has a hemispherical shape (paragraph [0052], and paragraph [0056]).
Regarding Claim 11: Son teaches further comprising: a casing (111) supporting the first tray (110); and a supporter (body 121, 140, 250, 134) supporting the second tray (120), wherein the supporter (250) includes a hinge body (134, 252), wherein the supporter is pivotally coupled to the casing via the hinge body (see Figure 16), wherein the second tray moves (120) about a pivot axis (see Figure 13), and wherein the pivot axis coincides with a center of the hinge body (134) of the supporter (see Figure 16).
Regarding Claim 12: Son teaches further comprising a heater (152) disposed in the supporter (121 space for heater to be near 122 in between 140, see Figure 7), wherein the heater (152) contacts the second tray (120).
Regarding Claim 13: Son wherein the second tray (122s in 120) further includes a circumferential wall (frame of 120 around 122 and 140) extending from the second tray body (see Figure 3) and surrounding the first tray (115s in 110) when the ice chamber is closed (see Figure 14).
Regarding Claim 14: Son further teaches wherein the circumferential wall includes: a first wall disposed to be adjacent to the second surface of the first tray body (110) and extending in a straight line (see Frame of 120); and a second wall disposed to be adjacent to the first surface of the first tray body (110) and having a curved shape (124, see Figure 8).
Regarding Claim 15: Son teaches wherein the circumferential wall includes: a first wall positioned adjacent to the second surface (see slopes of 110, 120 in Figure 8) of the first tray body (110) and including a portion extending so as to have a first curvature (124); and a second wall (curved rails 140) positioned adjacent to the first surface of the first tray body (see Figure 10) and including a portion extending so as to have a second curvature (curve of 140), wherein the second curvature is larger than the first curvature (see Figures 3 and 8).
Regarding Claim 16: Son teaches a refrigerator (1) comprising: a cabinet (2) having a storage space (3, 4) defined therein (see Figure 2); and an ice maker (100, and all embodiments 200, 300, 400, 500, 600) disposed in the storage space (4), wherein the ice maker (100, and all embodiments 200, 300, 400, 500, 600) includes: a first tray (110) including a first tray body (body 110) defining a first chamber (115), and a second tray (120) including a second tray body (body 120) defining a second chamber (122), wherein the second tray (120) is configured to move relative to the first tray (110), wherein the first chamber (115) and the second chamber (122) are configured to couple to each other to form an ice chamber (paragraph [0052]) in which ice is generated (see Figures 8-9), wherein each of the first tray (110) is made of a deformable material (455, see Figure 23), and wherein the second tray (120) is configured to perform an additional movement in a state in which one surface of the first tray body (110) and the second tray body (120) are in contact with each other (see Figure 8-9).
Son fails to teach wherein second tray is made of a deformable material.
Son ‘412 teaches a second tray (12) is made of a deformable material (141, paragraph [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein second tray is made of a deformable material to the structure of Son as taught by Son ‘412 in order to advantageously provide to facility to the removal of ice cubes from the ice cell (see Son ‘412, paragraph [0064]).
Regarding Claim 17: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), wherein one surface of the first tray body (body of 110) includes a first surface and a second surface (see vertical slopes wall of 110, 120, see Figures 8-9), wherein the first surface (see vertical slopes wall of 110, 120, see Figures 8-9) is closer to the pivot axis (about 134) than the second surface is, and wherein at least one of an overlap amount between the first surface and one surface of the second tray (120) or an overlap amount between the second surface and one surface of the second tray (120) increases based on the additional movement of the second tray (see Figure 13).
Regarding Claim 18: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), and wherein one surface of the first tray body (body of 110) includes a first surface and a second surface (see vertical slopes wall of 110, 120, see Figures 8-9), wherein the first surface is closer to the pivot axis than the second surface is, and wherein before the second tray (120) moves toward the first tray (110) such that the ice chamber (paragraph [0052]) is closed (see Figures 8-9), a distance between the second surface of the first tray body (body of 110) and at least a portion of a contact surface between one surface of the first tray body (body of 110) and the second tray body (body of 120) at an ice-making position (see Figure 9) is larger than a distance between the first surface of the first tray body (see vertical slopes wall of 110, 120, see Figures 8-9) and the at least a portion of the contact surface (see Figures 8-9).
Regarding Claim 19: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), and wherein one surface of the first tray body (body of 110) includes a first surface and a second surface (see vertical slopes wall of 110, 120, see Figures 8-9), wherein the first surface (see vertical slopes wall of 110, 120, see Figures 8-9) is closer to the pivot axis (about 134) than the second surface is (see vertical slopes wall of 110, 120, see Figures 8-9), and wherein, before one surface of the second tray body (body of 120) and one surface of the first tray body (body of 110) come into contact with each other (see Figure 9), a distance between the second surface of the first tray body (body of 110) and at least a portion of a contact surface between one surface of the first tray body (body of 110) and the second tray body (body of 120) at an ice-making position (see Figure 9) is greater than a distance between the first surface (see vertical slopes wall of 110, 120, see Figures 8-9) of the first tray body (body of 110) and the at least a portion of the contact surface (see vertical slopes wall of 110, 120, see Figures 8-9).
Regarding Claim 20: Son teaches wherein the second tray (120) moves about a pivot axis (about 134), and wherein the pivot axis (134) is located outside each of the first chamber (115) and the second chamber (122, see Figure 13).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Son et al. (US 2013/0014536 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763