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 .
Specification
The disclosure is objected to because of the following informalities: paragraphs [86] and [145] each include a typographical error; “maker200” and “extension1073” lack a space.
Appropriate correction is required.
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 16-19 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 16 recites “the elastic member” which lacks antecedent basis.
Claims 17-19 are rejected due to their dependency to claim 16.
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.
Claim(s) 1-6 and 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 8,348,108).
Regarding claim 1, Choi discloses a refrigerator comprising:
a cabinet (20) forming a storage space;
a door (21) configured to open and close the storage space;
a dispenser (100) provided on the door and configured to discharge the ice, wherein the dispenser includes:
a dispenser housing (110),
a receiving portion having a recessed shape and provided in the dispenser housing,
an operation portion (130/131) movably installed in the dispenser housing,
a switch (135) installed in the receiving portion,
a lever (133) configured to transmit an operating force of the operation portion to the switch,
wherein the operation portion includes a hinge (131a),
a lever operating portion (133a) configured to operate the lever and disposed at a lower side of the hinge.
Choi discloses the dispensing of ice but does not explicitly disclose an ice maker. The examiner takes official notice that ice makers are old and well known. It would have been obvious to one of ordinary skill in the art to have provided Choi with an ice maker at the door or cabinet in order to provide a source of ice for the ice dispenser.
Regarding claim 2, Choi discloses the receiving portion includes a hinge supporter (112) that rotatably supports the hinge (131a), and the switch (135) is disposed at a lower side of the hinge supporter (switch 135 is below hinge supporter 112 as shown in figure 4).
Regarding claim 3, Choi discloses an elastic member (132) that elastically supports the operation portion (130/131), and wherein the receiving portion further includes a first supporter (113) that supports the elastic member.
Regarding claim 4, Choi discloses the receiving portion includes a first wall on which the switch (135) is installed, and a second wall that is stepped from the first wall, wherein the hinge supporter (112) is provided on the first wall and the first supporter (113) is provided on the second wall.
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Regarding claim 5, Choi discloses a horizontal distance from the first wall to a center of the hinge is greater than a horizontal distance from the first wall to a surface of the switch facing the operation portion (shown in annotated figure below).
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Regarding claim 6, Choi discloses the second wall is disposed closer to an opening of the dispenser housing than the first wall (shown in annotated figure below).
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Regarding claim 9, Choi discloses the receiving portion includes a first wall in which the switch is installed, and a second wall that is stepped from the first wall and in which the hinge supporter is formed, wherein the first wall is disposed closer to an opening of the dispenser housing than the second wall (features identified in annotated figure below).
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Regarding claim 10, Choi discloses wherein in a non-operated state of the operation portion, a horizontal distance from the second wall to a rotation center of the hinge is equal to or less than a horizontal distance from the rotation center of a front uppermost portion of the operation portion.
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Regarding claim 11, Choi discloses wherein in a non-operated state of the operation portion, a distance from the switch to a rear surface of the operation portion is less than a distance from the first wall to a surface of the switch, and the surface of the switch faces the operation portion (identified in annotated figure below).
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Regarding claim 12, Choi discloses wherein a distance from a vertical line extending vertically from a front bottom end of the operation portion to a point on a front surface of the operation portion is equal to or greater than a distance from the switch to a point on a rear surface of the operation portion, wherein the point on the front surface is a point facing the switch, and the point on the rear surface is a point disposed at the same height as the point on the front surface (identified in annotated figure below).
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Regarding claim 13, Choi discloses the receiving portion further include a third wall that is stepped from the first wall and in which the first supporter is formed, and the third wall is disposed closer to an opening of the dispenser housing than the first wall (shown in annotated figure below).
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Regarding claim 14, Choi discloses a size of a step difference between the first wall and the second wall is greater than a size of a step difference between the first wall and the third wall (from annotated figure at claim 13 above the step from first to second wall is larger than step from second to third wall).
Regarding claim 15, Choi further discloses the receiving portion further includes a lever shaft (134c) rotatably supporting the lever, wherein the lever includes, a lever body (133b) coupled to the lever shaft, a first extension extending from one point of the lever body and pressed by the operation portion (133a), a second extension extending from another point of the lever body and configured to transmit a rotational force of the lever to the switch (135).
Regarding claim 16, Choi discloses a refrigerator comprising:
a cabinet (20) forming a storage space;
a door (21) configured to open and close the storage space;
a dispenser (100) provided on the door and configured to discharge the ice, wherein the dispenser includes:
a dispenser housing (110),
a receiving portion having a recessed shape and provided in the dispenser housing,
an operation portion (130/131) movably installed in the dispenser housing,
a switch (135) installed in the receiving portion,
a lever (133) configured to transmit an operating force of the operation portion to the switch,
wherein the operation portion includes a hinge (131a),
a lever operating portion (133a) configured to operate the lever and disposed at a lower side of the hinge, and
a supporter (132h) disposed higher than the lever operating portion (133a) and configured to support an elastic member (132). The same may be applied from figure 1 of Choi.
Choi discloses the dispensing of ice but does not explicitly disclose an ice maker. The examiner takes official notice that ice makers are old and well known. It would have been obvious to one of ordinary skill in the art to have provided Choi with an ice maker at the door or cabinet in order to provide a source of ice for the ice dispenser.
Regarding claim 17, Choi discloses the refrigerator of claim 16, wherein the switch is mounted within the receiving portion (shown in figure 4) but is silent concerning coupling protrusions/hooks. The examiner takes official notice that coupling protrusions/hooks, e.g. snap fit connections, are old and well known. It would have been obvious to one of ordinary skill in the art to have provided Choi with coupling protrusions and hooks for the mounting of the switch in order to allow for toolless assembly.
Regarding claim 18, Choi discloses the receiving portion includes a first portion in which the hinge is installed (at location of hinge of 14 as shown in figure 1), a second portion disposed at an upper side of the first portion and having a different recessed depth from the first portion (second portion defined at transfer mechanism 15 of figure 1), and a third portion disposed at an upper side of the second portion and in which the switch is installed (location of switch 16 as shown in figure 1).
Regarding claim 19, Choi discloses at least a portion of the second portion is disposed closer to an opening of the dispenser housing than the first portion and the third portion (because the portions as defined in claim 18 are not bound beyond what is explicitly stated, the second portion may be include portions closer to outlet of 13 shown in figure 1 of Choi than either of the first or third portions).
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 8,348,108) in view of Choi (US 2021/0180853; hereinafter Choi’853)
Regarding claim 7, Choi discloses a second supporter (132h) that supports the elastic member (132). Choi lacks that the second supporter is lower than the lever operating portion (133a). It has been held that the particular position of an element does not render a claim non-obvious when rearranging said element would not have modified the operation of the device. Further the particular location can be regarded as an obvious matter of design choice. MPEP 2144.04 VI. C. In this instance the location of the second support of the elastic member corresponds to the length of the torsion spring arm, merely lowering the support and lengthening the torsion spring arm and/or raising the operating portion would amount to a matter of design choice where operation of the device is not modified. Additionally or alternatively Choi’853 discloses coil springs (figure 33) are also used in order to bias dispensing levers. It would have been obvious to one of ordinary skill in the art to have provided Choi with a coil spring below the lever operating portion in order to bias the lever to a non-dispensing condition.
Regarding claim 8, Choi discloses the first supporter (619 of Choi’853) includes a seating groove on which the elastic member is seated, wherein in a non-operated state of the operation portion, the second supporter (636 of Choi’853) is disposed outside the seating groove, and in an operated state of the operation portion, a portion of the second supporter is received within the seating groove (as modified by Choi’853 above the coil spring and second supporter are accommodated within 619 in the depressed position).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aranda et al (US 9,738,504) low force dispenser paddle
Kim (US 8,336,331) storage space behind dispenser
Lee (US 7,434,417) storage space behind dispenser
Park (US 7,302,809) dispenser actuator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
