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 .
Response to Arguments/Amendments
This Office Action is responsive to the amendment filed 12/31/2025. Claims 1-3, 5-7, and 9-22 are pending. Claim 3 has been amended.
The rejection of claim 3 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in response to Applicant’s amendments.
Claim 22 was rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al. (DE 102015212863), in view of Lutz et al. (US 2017/0311771), and further in view of Jellies (US 3,126,024). Applicant argues that the combination does not describe or otherwise render obvious “the airflow guide is disposed outside a rotation range of the spray arm.” Applicant further states that Jellies is silent regarding any positioning of the duct (38) or cap (40) relative to the rotor (14). The Examiner respectfully disagrees. “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed.” In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). “The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art.” In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). Since the drawings show that the cap (40) is directly below, and spaced apart from a bottom of, the rotor (14), the reference is considered to disclose, and render obvious, having an airflow guide outside a range of the spray arm.
In response to Applicant’s arguments, the rejection of claim 22 under 35 U.S.C. 103 as being unpatentable over Lutz et al. (DE 102015212863), in view of Lutz et al. (US 2017/0311771), and further in view of Jellies (US 3,126,024), is maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lutz et al. (DE 102015212863; cited by Applicant; hereafter, “Lutz ‘863”), in view of Lutz et al. (US 2017/0311771; hereafter, “Lutz ‘771”), and further in view of Jellies (US 3,126,024).
Regarding claim 22, Lutz ‘863 discloses a dishwasher, comprising: a tub that defines a wash space configured to accommodate a wash target (2), the tub having a front surface that is open (Figures 1, 2: front side at door 3); a dry air supply configured to generate dry air for drying the wash target and to supply the dry air into the wash space (9); a rack configured to be inserted into and withdrawn from the wash space through the front surface of the tub, the rack being configured to support the wash target (Figure 1: 11, and unlabeled lower rack); an airflow guide, the airflow guide being configured to define a flow direction of the dry air and to spray the dry air into the wash space (14/17); the airflow guide being configured to define a flow direction of the dry air and to spray the dry air into the wash space, wherein the airflow guide defines a discharge opening configured to spray the dry air to the wash space (space/gap between 14 and 17, including outlets 25, 26, 28, 29); wherein the discharge opening is configured to: spray a first portion of the dry air toward a first space between the rack and a rear surface of the tub (see 14/17 and 28, 29), and spray a second portion of the dry air toward a second space defined between the lower surface of the tub and the rack (see 14/17 and 25, 26).
Lutz ‘863 does not expressly disclose the airflow guide is disposed between the rack and a lower surface of the tub, wherein the airflow guide is disposed rearward relative to the rack. Rather, Lutz ‘863 depicts the cap (17) close to a bottom, in a corner, of the washing container (Figure 4), and discloses that outflowing streams (T1, T2) are for drying dishes in a lower dish rack, whereas streams (T3, T4) at the corner of the side walls (18, 19) ascend to an upper dish rack (11; machine translation, page 6, paragraph 5). Lutz ‘771 discloses an embodiment of a dishwasher (Figure 12) having a drying unit wherein a discharge opening (9) is depicted as being below a lower rack (11) and at a sidewall of the dishwasher, such that it partially overlaps an edge of the lower rack (Figure 12). Figure 12 of Lutz ‘771 shows a transverse flow component (14) flowing under the lower rack (11) and a vertical flow component (15) bypassing the lower rack and flowing to an upper region of the dishwasher container.
Because it is known in the art to position a cap/discharge in the bottom corner, such that it provides air to dishes in a lower rack and bypasses the lower rack, and the results of the modification would be predictable, namely, positioning the airflow guide in a position to distribute air to both upper and lower regions of the dishwasher, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have the airflow guide is disposed between the rack and a lower surface of the tub, and wherein the airflow guide is disposed rearward relative to the rack.
Lutz’ 863 does not expressly disclose a spray arm rotatably disposed between the lower surface of the tub and the rack, the spray arm being configured to spray wash water for washing the wash target, and wherein the airflow guide is disposed outside a rotation range of the spray arm.
Jellies discloses a dishwashing apparatus having an air flow system with a duct (38), a cap (40) on the duct, and rotor (14) with upwardly directed apertures (15) located above the cap (40).
Because it is known in the art to provide a rotatable spray rotor and the cap below the rotor, and the results of the modification would be predictable, namely, providing a known means of spraying liquid that does not hit the cap, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have a spray arm rotatably disposed between the lower surface of the tub and the rack, the spray arm being configured to spray wash water for washing the wash target, and wherein the airflow guide is disposed outside a rotation range of the spray arm.
Allowable Subject Matter
Claim 1-3, 5-7, and 9-21 is allowed.
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose, or render obvious, the dishwasher as recited by either claim 1 or 21. There is no apparent teaching, suggestion, or motivation to modify the closest prior art, Lutz et al. (DE 102015212863; cited by Applicant; hereafter, “Lutz ‘863”), to further have wherein the discharge opening is configured to: spray a first portion of the dry air toward the first space between the rack and the rear surface of the tub and spray a second portion of the dry air toward a second space defined between the lower surface of the tub and the rack. There is no apparent teaching, suggestion, or motivation to modify the closest prior art, Lutz et al. (DE 102015212863; cited by Applicant; hereafter, “Lutz ‘863”), to further have wherein the lower guide comprises: a reference surface that defines a lower end edge of the discharge opening; and a guide main body that has a plate shape, wherein the upper guide has an open lower surface that is coupled to the guide main body, wherein the misassembly prevention part comprises a misassembly prevention groove that is recessed relative to the reference surface in an up-down direction and extends along an outer edge of the guide main body, and wherein the misassembly prevention groove is configured to: based on the upper guide being arranged in the predetermined position, receive a lower end portion of the upper guide into the misassembly prevention groove, and based on the upper guide being arranged outside the predetermined position, be disposed offset from the lower end portion of the upper guide and restrict the lower end portion of the upper guide from being inserted into the misassembly prevention groove.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bartos et al. (US 2011/0139196) discloses a dishwasher having a sorption container (SB) and an outlet opening (AO) is located preferably in a corner region (EBR) of a washing container (SPB) which lies outside the area of rotation swept over by a spray arm (SA), and an outflow device (AUS) is preferably provided in the rear corner (EBR) (paragraphs 75, 79).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711