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 .
DETAILED CORRESPONDENCE
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Election/Restrictions
Applicant’s election without traverse of Group I: Claims 8 – 12 in the reply filed on July 15, 2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement filed October 7, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specifically, Foreign References 4, 37 and Non-Patent Literature 4 have not been provided in the instant application or Parent Application 17/686986.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 8 – 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite:
receiving periodic indications of a level of ice in a bin associated with the ice maker from an ice level sensor of the ice maker;
determining based on the periodic indications that the level of ice in the bin is low; and
in response to said determining, taking at least one corrective action selected from the group of corrective actions consisting of (i) pushing a low ice notification to an operator of the ice maker and (ii) placing an order for additional ice.
The invention is directed towards the abstract idea of collecting and comparing information and, based on a rule(s), identify options, in this case informing a human that an ice maker is low on ice and/or placing an order for more ice, which corresponds to “Mental Processes” and “Certain Methods of Organizing Human Activities” as it is directed towards steps that can be performed by a human(s), in the human mind, and/or with the aid of pen and paper and fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions), e.g., having a first human observe and mentally track or write down how much ice is in an ice maker and mentally noting that more ice is needed and/or placing an order for more ice or a first human observing and verbally informing or writing a note to a second human that more ice is needed and/or placing an order for more ice.
The limitations of:
receiving periodic indications of a level of ice in a bin associated with the ice maker from an ice level sensor of the ice maker;
determining based on the periodic indications that the level of ice in the bin is low; and
in response to said determining, taking at least one corrective action selected from the group of corrective actions consisting of (i) pushing a low ice notification to an operator of the ice maker and (ii) placing an order for additional ice,
are processes that, under its broadest reasonable interpretation, covers performance of the limitation performed by a human(s), in the human mind, and/or with the aid of pen and paper. Moreover, the claimed invention fails to recite any additional elements for performing the method of managing an ice maker. The Examiner asserts that the ice maker serves as the environment of use for the method and is not performing any steps of the claimed invention. Even if the ice maker were positively claimed, the Examiner asserts that the claimed invention is only reciting a generic ice maker at a high level of generality to store ice and provide the necessary information to indicate how much ice is available, which a human can perform by simply seeing how much ice there is. Nothing in the claim element precludes the step from practically being performed in the mind. For example, the claim encompasses a having a first human observe and mentally track or write down how much ice is in an ice maker and mentally noting that more ice is needed and/or placing an order for more ice or a first human observing and verbally informing or writing a note to a second human that more ice is needed and/or placing an order for more ice. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” and “Certain Methods of Organizing Human Activities” groupings of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application as no additional elements have been claimed. In particular, the claim only recites performing operations that a human can perform in their mind and/or pen and paper, i.e. observing and mentally noting or writing down how much ice is in an ice maker so that they can be informed (or another human can be informed) that there is a low amount of ice and/or placing an order for more ice.
Accordingly, the claimed invention dos not integrate the abstract idea into a practical application because they does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claimed invention recites performing the steps of:
receiving periodic indications of a level of ice in a bin associated with the ice maker from an ice level sensor of the ice maker;
determining based on the periodic indications that the level of ice in the bin is low; and
in response to said determining, taking at least one corrective action selected from the group of corrective actions consisting of (i) pushing a low ice notification to an operator of the ice maker and (ii) placing an order for additional ice,
amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Additionally:
Claim 9 is directed towards collecting and comparing information and, based on a rule(s), identify options.
Claim 10 is directed towards reciting generic technology at a high level of generality and applying it to the abstract idea to perform the extra-solution activity of storing information.
Claim 11 is directed towards collecting and comparing information and, based on a rule(s), identify options.
Claim 12 is directed towards collecting information and making a mental note or writing down the collected information that is intended to be used for the comparison of information and application of a rule(s).
In summary, the dependent claims are simply directed towards providing additional descriptive factors that are considered for determining how much ice is left in an ice maker and informing a human of the results and/or placing an order for more ice. Accordingly, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8 – 12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Metzer et al. (US Patent 10,240,844 B1).
In regards to claim 8, Metzer discloses a method of managing an ice maker, the method comprising:
receiving periodic indications of a level of ice in a bin associated with the ice maker from an ice level sensor of the ice maker;
determining based on the periodic indications that the level of ice in the bin is low; and
in response to said determining, taking at least one corrective action selected from the group of corrective actions consisting of (i) pushing a low ice notification to an operator of the ice maker and (ii) placing an order for additional ice
(Col. 3 Lines 20 – 34 “The ice vending machine 20 includes a merchandiser 21, an enclosure 22 mounted atop the merchandiser 21, and two ice makers 23 mounted atop the enclosure 22. A computer 24 with a display monitor is coupled in data communication to the merchandiser 21, the enclosure 22, and the ice makers 23 to gather information from those components and to control the production, bagging, and distribution of bags of ice in the ice vending machine 20. In FIG. 1, the enclosure 22 is shown with a front cover 25 lifted to expose the components within the enclosure 22.”
Col. 8 Lines 45 – 54 “When the bag 32 has been filled with ice to a predetermined level, the ice blocks the beam from the transmitter to the receiver and the sensor 81 registers the bag as full.”
Col. 9 – 10 Lines 53 – 4 “In the embodiment shown in FIG. 1, two ice makers 23 are mounted atop the enclosure 22, but the ice vending machine 20 may include only a single ice maker 23 if the ice vending machine 20 requires less overall quantity or less production frequency.”
Col. 11 Lines 39 – 52 “To produce ice, the computer 24 issues an instruction to one or both of the ice makers 23 to begin producing ice. The ice makers 23 produce ice according to conventional and well-known methods that one having ordinary skill in the art will readily appreciate and thus need not be described further here. The ice vending machine 20 enters a wait period during which the ice makers 23 are allowed to produce ice. The wait period continues until ice is produced by the ice makers 23 and deposited into the hoppers. The time required to fill an empty hopper with ice is between twenty-five and forty-five minutes. Each of the hoppers provides approximately forty pounds of ice, which is enough ice to fill approximately three to four ten-pound bags 32 of ice.”
Col. 14 Lines 31 – 64 “The ice vending machine 20 is coupled in communication to a server via a network, to which user devices are adapted to connect in order to view information about the ice vending machine 20. … The computer 24 records information about the ice vending machine 20, such as daily production totals, login information (store attendant identification number, store attendant time in, store attendant time out), bags 32 consumed, bags 32 remaining on the spool 42, error history, quantity of ice in the merchandiser 21, and other similar information. … The computer 24 also records information about the ice vending machine 20 such as service maintenance history and upcoming requirements, sales information by day, month, and year, sales projections based on previous production and sales history, automatic invoicing, low bag notifications, low ice warnings, and other similar information. The computer 24 stores the information locally on internal memory and transmits the information to the server via the network. … In addition to the information being available for fetching on a user device via the network, the ice vending machine 20 is adapted to push notifications of information to user devices through server via the network, such as by email, text, a telephone call, or the like. The ice vending machine 20 can push warnings, alerts, maintenance reminders, and like information.”).
In regards to claim 9, Metzer discloses the method of claim 8, further comprising comparing each indication of the level of ice in the bin to a threshold and said determining that the level of ice in the bin is low determining based on the indication that the level of ice in the bin is less than the threshold (Col. 3 Lines 20 – 34 “The ice vending machine 20 includes a merchandiser 21, an enclosure 22 mounted atop the merchandiser 21, and two ice makers 23 mounted atop the enclosure 22. A computer 24 with a display monitor is coupled in data communication to the merchandiser 21, the enclosure 22, and the ice makers 23 to gather information from those components and to control the production, bagging, and distribution of bags of ice in the ice vending machine 20. In FIG. 1, the enclosure 22 is shown with a front cover 25 lifted to expose the components within the enclosure 22.”
Col. 11 Lines 39 – 52 “To produce ice, the computer 24 issues an instruction to one or both of the ice makers 23 to begin producing ice. The ice makers 23 produce ice according to conventional and well-known methods that one having ordinary skill in the art will readily appreciate and thus need not be described further here. The ice vending machine 20 enters a wait period during which the ice makers 23 are allowed to produce ice. The wait period continues until ice is produced by the ice makers 23 and deposited into the hoppers. The time required to fill an empty hopper with ice is between twenty-five and forty-five minutes. Each of the hoppers provides approximately forty pounds of ice, which is enough ice to fill approximately three to four ten-pound bags 32 of ice.”
Col. 14 Lines 31 – 64 “The ice vending machine 20 is coupled in communication to a server via a network, to which user devices are adapted to connect in order to view information about the ice vending machine 20. … The computer 24 records information about the ice vending machine 20, such as daily production totals, login information (store attendant identification number, store attendant time in, store attendant time out), bags 32 consumed, bags 32 remaining on the spool 42, error history, quantity of ice in the merchandiser 21, and other similar information. … The computer 24 also records information about the ice vending machine 20 such as service maintenance history and upcoming requirements, sales information by day, month, and year, sales projections based on previous production and sales history, automatic invoicing, low bag notifications, low ice warnings, and other similar information. The computer 24 stores the information locally on internal memory and transmits the information to the server via the network. … In addition to the information being available for fetching on a user device via the network, the ice vending machine 20 is adapted to push notifications of information to user devices through server via the network, such as by email, text, a telephone call, or the like. The ice vending machine 20 can push warnings, alerts, maintenance reminders, and like information.”).
In regards to claim 10, Metzer discloses the method of claim 8, further comprising storing in memory a record of the periodic indications and determining based on the record a seasonal demand for ice (Col. 14 Lines 31 – 64 “The ice vending machine 20 is coupled in communication to a server via a network, to which user devices are adapted to connect in order to view information about the ice vending machine 20. … The computer 24 records information about the ice vending machine 20, such as daily production totals, login information (store attendant identification number, store attendant time in, store attendant time out), bags 32 consumed, bags 32 remaining on the spool 42, error history, quantity of ice in the merchandiser 21, and other similar information. … The computer 24 also records information about the ice vending machine 20 such as service maintenance history and upcoming requirements, sales information by day, month, and year, sales projections based on previous production and sales history, automatic invoicing, low bag notifications, low ice warnings, and other similar information. The computer 24 stores the information locally on internal memory and transmits the information to the server via the network. … In addition to the information being available for fetching on a user device via the network, the ice vending machine 20 is adapted to push notifications of information to user devices through server via the network, such as by email, text, a telephone call, or the like. The ice vending machine 20 can push warnings, alerts, maintenance reminders, and like information.”).
In regards to claim 11, Metzer discloses the method of claim 10, further comprising assessing whether the ice maker can meet demand for ice during an upcoming demand interval based on the determined seasonal demand for ice (Col. 9 – 10 Lines 53 – 4 “In the embodiment shown in FIG. 1, two ice makers 23 are mounted atop the enclosure 22, but the ice vending machine 20 may include only a single ice maker 23 if the ice vending machine 20 requires less overall quantity or less production frequency.”
Col. 14 Lines 31 – 64 “The ice vending machine 20 is coupled in communication to a server via a network, to which user devices are adapted to connect in order to view information about the ice vending machine 20. … The computer 24 records information about the ice vending machine 20, such as daily production totals, login information (store attendant identification number, store attendant time in, store attendant time out), bags 32 consumed, bags 32 remaining on the spool 42, error history, quantity of ice in the merchandiser 21, and other similar information. … The computer 24 also records information about the ice vending machine 20 such as service maintenance history and upcoming requirements, sales information by day, month, and year, sales projections based on previous production and sales history, automatic invoicing, low bag notifications, low ice warnings, and other similar information. The computer 24 stores the information locally on internal memory and transmits the information to the server via the network. … In addition to the information being available for fetching on a user device via the network, the ice vending machine 20 is adapted to push notifications of information to user devices through server via the network, such as by email, text, a telephone call, or the like. The ice vending machine 20 can push warnings, alerts, maintenance reminders, and like information.”).
In regards to claim 12, Metzer discloses the method of claim 11, further comprising receiving periodic ice production data from the ice maker; determining based on the periodic ice production data a true production capacity of the ice maker; and wherein said assessing is also based on the determined true production capacity of the ice maker (Col. 3 Lines 20 – 34 “The ice vending machine 20 includes a merchandiser 21, an enclosure 22 mounted atop the merchandiser 21, and two ice makers 23 mounted atop the enclosure 22. A computer 24 with a display monitor is coupled in data communication to the merchandiser 21, the enclosure 22, and the ice makers 23 to gather information from those components and to control the production, bagging, and distribution of bags of ice in the ice vending machine 20. In FIG. 1, the enclosure 22 is shown with a front cover 25 lifted to expose the components within the enclosure 22.”
Col. 9 – 10 Lines 53 – 4 “In the embodiment shown in FIG. 1, two ice makers 23 are mounted atop the enclosure 22, but the ice vending machine 20 may include only a single ice maker 23 if the ice vending machine 20 requires less overall quantity or less production frequency.”
Col. 11 Lines 39 – 52 “To produce ice, the computer 24 issues an instruction to one or both of the ice makers 23 to begin producing ice. The ice makers 23 produce ice according to conventional and well-known methods that one having ordinary skill in the art will readily appreciate and thus need not be described further here. The ice vending machine 20 enters a wait period during which the ice makers 23 are allowed to produce ice. The wait period continues until ice is produced by the ice makers 23 and deposited into the hoppers. The time required to fill an empty hopper with ice is between twenty-five and forty-five minutes. Each of the hoppers provides approximately forty pounds of ice, which is enough ice to fill approximately three to four ten-pound bags 32 of ice.”
Col. 14 Lines 31 – 64 “The ice vending machine 20 is coupled in communication to a server via a network, to which user devices are adapted to connect in order to view information about the ice vending machine 20. … The computer 24 records information about the ice vending machine 20, such as daily production totals, login information (store attendant identification number, store attendant time in, store attendant time out), bags 32 consumed, bags 32 remaining on the spool 42, error history, quantity of ice in the merchandiser 21, and other similar information. … The computer 24 also records information about the ice vending machine 20 such as service maintenance history and upcoming requirements, sales information by day, month, and year, sales projections based on previous production and sales history, automatic invoicing, low bag notifications, low ice warnings, and other similar information. The computer 24 stores the information locally on internal memory and transmits the information to the server via the network. … In addition to the information being available for fetching on a user device via the network, the ice vending machine 20 is adapted to push notifications of information to user devices through server via the network, such as by email, text, a telephone call, or the like. The ice vending machine 20 can push warnings, alerts, maintenance reminders, and like information.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited.
Spinetti et al. (EP 3798540 B1); Broadbent et al. (US PGPub 2020/0370812 A1); Colberg (US Patent 6,112,539); Mitchell (WO 2021/203953 A1); Devi et al. (US PGPub 2019/0072320 A1); Miller et al. (CN 102346448 B); 猿田 進 (JP 3572175); Huffman et al. (JP 2001141344 A); Schroeder et al. (CA 2232525 C) Mawyb et al. (US Patent 4,680,943) – which disclose ice maker technology and its various functionalities, such as, but not limited to, how ice is created, maintenance monitoring, determining, and notifying, determining how and when to make ice, and etc.
McConnell et al. (CA 2404903 C); Von Drasek (US PGPub 2022/0335371 A1); Von Drasek (WO 2022/216934 A1); Carroll et al. (WO 2019/086581 A1); Melander (US PGPub 2010/0274684 A1); Brooks et al. (US PGPub 2019/0236528 A1); Byun (KR 102741516 B1); Freel et al. (WO 2004/013795 A2); Franco (US Patent 8,015,081 B1); Binney et al. (US PGPub 2008/0312978 A1); デリュー ダニエル エイ et al. (JP 2005507517 A); Kaburagi et al. (US PGPub 2002/0138319 A1); Briggs (US PGPub 2002/0138355 A1); Kaburagi et al. (JP 2002244711 A); Kunieda et al. (CN 1362384) – which disclose inventory and supply management systems and methods
Reddy Ice – which discloses ice delivery services
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERARDO ARAQUE JR whose telephone number is (571)272-3747. The examiner can normally be reached Monday - Friday 8-4:30.
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, Sarah Monfeldt can be reached at 571-270-1833. 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.
GERARDO ARAQUE JR
Primary Examiner
Art Unit 3629
/GERARDO ARAQUE JR/Primary Examiner, Art Unit 3629 7/27/2026
Prosecution Insights