Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Amendments submitted on 10/3/25 include amendments to the claims. Claims 1-2, 6-12, 14 are pending. Claims 1-2, 6-8 have been amended. Claims 3-5 and 13 have been cancelled. Claim 14 has been newly added.
Response to Arguments
Applicant's arguments filed 10/3/25 have been fully considered but they are not persuasive.
Regarding applicant’s arguments that Riegner et al. (US20210331218) does not constitute valid prior art because it is antedated by Parent Application 16717140, which provides the necessary support for the subject matter of the current claims: The prior-filed application, Application No. 16717140, fails to provide adequate support for at least the following claim features: “an upper manifold positioned adjacent the upper rack, a water line fluidly connecting the upper manifold to the lower manifold, the upper manifold including a sprayer adapted to direct fluid upwardly into the nipples during washing operations” in independent claim 1; “an upper manifold and a water line for fluidly connecting the upper and lower manifolds, the upper manifold including a sprayer adapted to direct fluid upwardly into the nipples during washing operations” in independent claim 2; and “an upper manifold including a sprayer adapted to direct fluid upwardly into the washing chamber; a water line for connecting the upper and lower manifolds” in independent claim 8. Parent Application 16717140 teaches lower manifolds 58/96/256/342 and water lines 76/248/324 that are connected to the lower manifolds 58/96/256/342 and rise upward therefrom (see figures 6A, 14, 18, 19, paragraphs [0046], [0050]-[0052], [0070]-[0073], [0081]). However, none of the water lines 76/248/324 are connected to upper manifolds that include a sprayer adapted to direct fluid upwardly. While figure 6A shows that the water line 76 is connected to upper manifold 94, upper manifold 94 is adapted to direct fluid downwardly rather than upwardly, as is required by the instant claims.
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. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application Nos. 17/520,807 and 16/717,140, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The prior-filed applications, Application No. 17/520,807 and 16/717,140, fail to provide adequate support for at least the following claim features: “an upper manifold positioned adjacent the upper rack, a water line fluidly connecting the upper manifold to the lower manifold, the upper manifold including a sprayer adapted to direct fluid upwardly into the nipples during washing operations” in independent claim 1; “an upper manifold and a water line for fluidly connecting the upper and lower manifolds, the upper manifold including a sprayer adapted to direct fluid upwardly into the nipples during washing operations” in independent claim 2; and “an upper manifold including a sprayer adapted to direct fluid upwardly into the washing chamber; a water line for connecting the upper and lower manifolds” in independent claim 8. Independent claims 1, 2, and 8 of the instant application define the ‘third alternative embodiment’ of the invention comprising an upper manifold and a lower manifold connected by a water line, wherein the upper and lower manifolds each comprise sprayers to direct fluid upwardly, as described in paragraphs [¶00100-¶00105] of the specification and illustrated in Figures 23-27. Upon review, the disclosure of Application Nos. 17/520,807 and 16/717,140 do not provide written description support for said third alternative embodiment as defined by claims 1-2, 6-11 of the instant application, and associated Figures 23-27 are not present in the prior applications. Therefore, with regard to claims 1-2, 6-11 of the instant application, prior-filed Application Nos. 17/520,807 and 16/717,140 do not describe an actual reduction to practice or reduction to drawings anywhere in the originally filed disclosure. Accordingly, claims 1-2, 6-11 are not entitled to the benefit of the prior application.
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 (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 the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim 12 is rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Biskamp (US1823583A).
Regarding claim 12, Biskamp teaches a self-contained countertop apparatus capable of carrying out washing operations on items and accessories including baby bottles and nipples (see page 1, lines 1-8), the countertop apparatus comprising: a washing chamber 1 with an interior configured to receive the items (see figure 1, page 1, lines 73-80); a cover 24 positioned over the washing chamber (see figure 1, page 2, lines 26-40); a supply water reservoir 47/53/54 is in a fluid communication with the interior of the washing chamber 1, the supply water reservoir 47/53/54 being capable of containing the water necessary for washing operations, and being removably attached to the apparatus (see page 2, line 105 – page 3, line 4, figures 1, 4, 10, 11); a rack 6/10 configured to be positioned within a space of the cover 24, the rack 6/10 capable of receiving the accessories (see page 1, line 81 – page 2, line 18, figure 1); a manifold 41/42 in fluid communication with the supply water reservoir 47/53/54, the manifold 41/42 including sprayers 43 for directing water upwardly into the baby bottles during washing operations, wherein the water necessary for washing operations is able to be initially contained within the supply water reservoir 47/53/54, and wherein once the washing operations are complete when the supply water reservoir is empty (see figures 1, 10, 11, page 2, lines 19-34, 79 – page 3, line 4). Biskamp does not explicitly teach the washing of baby bottles and nipples. However, since all of the structural requirements of the claims are taught and the system by Biskamp is capable of carrying out washing operations on baby bottles and nipples, the particular choice of items to be cleaned is a matter of intended use, and it has been determined that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Biskamp does not explicitly teach that the supply water reservoir is sized to contain the water necessary for washing operations. However, this is a matter of intended use since the amount of water needed for washing operations depends on the particular nature of the item to be washed as well as the desired type and extent of washing; and it has been determined that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-2, 6-11 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Riegner et al. (US20210331218) in view of Bryan (GB2260483).
Regarding claims 1, 9 and 11,
Riegner discloses a self-contained countertop apparatus (100) for washing baby bottles and nipples [Fig. 1; ¶0034], the countertop apparatus comprising:
a washing chamber with an interior (interior of 102) [Fig. 1; ¶0035];
a cover (108) removably positioned over the washing chamber [Fig. 1; ¶0035];
a supply water reservoir (112) that initially contains all the water necessary for washing operations, and a return water reservoir (114) that is adapted to receive all the water within the supply water reservoir following washing operations, the supply water reservoir and the return water reservoir are both removably attached to the apparatus (112 and 114 are both removably attached to 110), the supply water reservoir and the return water reservoir being in fluid communication with the interior of the washing chamber whereby the return water reservoir is capable of containing water necessary for washing operations [Fig. 1, 2A; ¶0037-¶0038] (reads on claims 9 and 11);
a lower rack (206) and an upper rack (208) positioned within the interior of the washing chamber, the lower rack adapted to support the baby bottles and the upper rack adapted to support nipples [Fig. 2A-B; ¶0039-¶0043];
a lower manifold (604) positioned adjacent the lower rack, the lower manifold in fluid communication with the supply water reservoir (water is pumped from 112 to 304 to 604), the lower manifold including sprayers (outlets in 608) for directing water upwardly into the baby bottles during washing operations [Fig. 6; ¶0054];
an upper manifold (606) positioned adjacent the upper rack, a water line (602) fluidly connecting the upper manifold to the lower manifold, the upper manifold including sprayers (outlets in 610) adapted to direct fluid towards the nipples during washing operations [Fig. 6; ¶0054-¶0055];
a heating element (316) within the washing chamber [Fig. 3A-B; ¶0047].
Riegner does not expressly teach that sprayers of the upper manifold (outlets in 610) are adapted to direct fluid upwardly into the nipples during washing operations. Rather, Riegner discloses that the upper manifold (606) includes sprayers (outlets in 610) angled relative to the radial direction which spray water downwardly onto nipples held by the upper rack (208) [Fig. 2, 6; ¶0055]. However, it is well known in the art to provide such a configuration wherein an upper manifold sprays water upwardly into items held by an upper rack thereabove. For example, Bryan similarly discloses a countertop apparatus for washing baby bottles and nipples comprising: lower and upper racks (4 and 6) positioned within an interior of a washing chamber (1), the lower rack adapted to support the baby bottles (e.g. A, B, C) and the upper rack adapted to support nipples (“accessories such as teats and bottle caps”) [Fig. 1; pg. 3, lines 1-9]; a lower manifold (connecting 20 to sprayers 8a-c) positioned adjacent the lower rack (4) and including sprayers (8a-c) for directing water upwardly into the baby bottles during washing operations [Fig. 1-2; pg. 4, lines 13-15]; and an upper manifold (rotating spray arm 9) positioned adjacent the upper rack (6), a water line (20) fluidly connecting the upper manifold to the lower manifold, the upper manifold including sprayers (spray outlets in 9) adapted to direct fluid upwardly into the nipples (held by 6) during washing operations [Fig. 1; pg. 3, lines 12-13; pg. 4, lines 13-15], for the expressed purpose “to clean areas inside the teats and in the grooves and crevices of the sealing caps” [pg. 1, lines 11-13]. Additionally, Riegner expressly teaches “The present disclosure is not limited by the structural configurations of the top tray 208 and the bottom tray 206 in any manner” [¶0043]. Therefore it would have been an obvious matter of design choice for a person having ordinary skill in the art at the time of filing to rearrange the upper manifold and upper rack of Riegner by known methods such that the upper manifold sprays liquid upwardly into the nipples held by the upper rack positioned thereabove to predictably and beneficially clean areas inside the teats and in the grooves and crevices of the sealing caps, as taught by Bryan [pg. 1, lines 11-13]. Such a modification does not change the principle of operation of Riegner and is suitable for its intended purpose.
Regarding the recitation “a supply water reservoir that initially contains all the water necessary for washing operations, and a return water reservoir that is adapted to receive all the water within the supply water reservoir following washing operations”, this recitation is a statement of intended use which does not patentably distinguish over Riegner since the supply water reservoir and return water reservoir meet all the structural elements of the claim and is capable of performing said intended use if so desired. See MPEP 2114.
Regarding claims 2 and 10,
Riegner discloses a self-contained countertop apparatus (100) for carrying out washing operations on baby bottles and nipples [Fig. 1; ¶0034], the countertop apparatus comprising:
a washing chamber with an interior (interior of 102) [Fig. 1; ¶0035];
a cover (108) removably positioned over the washing chamber [Fig. 1; ¶0035];
a supply water reservoir (112) and a return water reservoir (114) that are in fluid communication with the interior of the washing chamber, the supply water reservoir and the return water reservoir each being removably attached to the apparatus (112 and 114 are each removably attached to 110), the return water reservoir capable of containing water necessary for washing operations [Fig. 1, 2A; ¶0037-¶0038] (reads on claim 10);
a lower manifold (604) in fluid communication with the supply water reservoir (water is pumped from 112 to 304 to 604), the lower manifold including sprayers (outlets in 608) for directing water upwardly into the baby bottles (held by lower rack 206) during washing operations [Fig. 6; ¶0054];
an upper manifold (606) and a water line (602) for fluidly connecting the upper and lower manifolds, the upper manifold including sprayers (outlets in 610) adapted to direct fluid towards the nipples (held by upper rack 208) during washing operations [Fig. 6; ¶0054-¶0055].
Riegner does not expressly teach that sprayers of the upper manifold (outlets in 610) are adapted to direct fluid upwardly into the nipples during washing operations. Rather, Riegner discloses that the upper manifold (606) includes sprayers (outlets in 610) angled relative to the radial direction which spray water downwardly onto nipples held by the upper rack (208) [Fig. 2, 6; ¶0055]. However, it is well known in the art to provide such a configuration wherein an upper manifold sprays water upwardly into items held by an upper rack thereabove. For example, Bryan similarly discloses a countertop apparatus for washing baby bottles and nipples comprising: lower and upper racks (4 and 6) positioned within an interior of a washing chamber (1), the lower rack adapted to support the baby bottles (e.g. A, B, C) and the upper rack adapted to support nipples (“accessories such as teats and bottle caps”) [Fig. 1; pg. 3, lines 1-9]; a lower manifold (connecting 20 to sprayers 8a-c) positioned adjacent the lower rack (4) and including sprayers (8a-c) for directing water upwardly into the baby bottles during washing operations [Fig. 1-2; pg. 4, lines 13-15]; and an upper manifold (rotating spray arm 9) positioned adjacent the upper rack (6), a water line (20) fluidly connecting the upper manifold to the lower manifold, the upper manifold including sprayers (spray outlets in 9) adapted to direct fluid upwardly into the nipples (held by 6) during washing operations [Fig. 1; pg. 3, lines 12-13; pg. 4, lines 13-15], for the expressed purpose “to clean areas inside the teats and in the grooves and crevices of the sealing caps” [pg. 1, lines 11-13]. Additionally, Riegner expressly teaches “The present disclosure is not limited by the structural configurations of the top tray 208 and the bottom tray 206 in any manner” [¶0043]. Therefore it would have been an obvious matter of design choice for a person having ordinary skill in the art at the time of filing to rearrange the upper manifold and upper rack of Riegner by known methods such that the upper manifold sprays liquid upwardly into the nipples held by the upper rack positioned thereabove to predictably and beneficially clean areas inside the teats and in the grooves and crevices of the sealing caps, as taught by Bryan [pg. 1, lines 11-13]. Such a modification does not change the principle of operation of Riegner and is suitable for its intended purpose.
Regarding the recitation “wherein all the water necessary for washing operations is initially contained within the supply water reservoir and wherein once the washing operations are complete the supply water reservoir is empty and the return water reservoir is filled”, this recitation is a statement of intended use which does not patentably distinguish over Riegner since the supply water reservoir and return water reservoir meet all the structural elements of the claim and is capable of performing said intended use if so desired. See MPEP 2114.
Regarding claim 6,
Riegner in view of Bryan discloses the apparatus as described in Claim 2 further comprising a lower rack (206) and an upper rack (208) positioned within the interior of the washing chamber, the lower rack adapted to support the baby bottles and the upper rack adapted to support nipples [Riegner: Fig. 2A-B; ¶0039-¶0043];
Regarding claim 7,
Riegner in view of Bryan discloses the apparatus as described in Claim 2 further comprising a heating element (316) within the washing chamber [Fig. 3A-B; ¶0047].
Regarding claim 8,
Riegner discloses a self-contained countertop apparatus (100) for carrying out washing operations [Fig. 1; ¶0034], the apparatus comprising:
a washing chamber with an interior (interior of 102) [Fig. 1; ¶0035];
a cover (108) positioned over the washing chamber [Fig. 1; ¶0035];
a removable supply water reservoir (112, removably attached to 110) and a removable return water reservoir (114, removably attached to 110) that are in fluid communication with the interior of the washing chamber [Fig. 1, 2A; ¶0037-¶0038];
a lower manifold (604) in fluid communication with the supply water reservoir (water is pumped from 112 to 304 to 604), the lower manifold including sprayers (outlets in 608) for directing water upwardly into the washing chamber [Fig. 6; ¶0054];
an upper manifold (606) including sprayers (outlets in 610) adapted to direct fluid into the washing chamber [Fig. 6; ¶0054-¶0055];
a water line (602) for connecting the upper and lower manifolds [Fig. 6; ¶0054];
wherein items to be washed are secured between the upper and lower manifolds (e.g. bottles secured to lower rack 206 via 210, 212) [Fig. 2A-B; ¶0041].
Riegner does not expressly teach that sprayers of the upper manifold (outlets in 610) are adapted to direct fluid upwardly into the washing chamber during washing operations. Rather, Riegner discloses that the upper manifold (606) includes sprayers (outlets in 610) angled relative to the radial direction which spray water downwardly onto nipples held by the upper rack (208) [Fig. 2, 6; ¶0055]. However, it is well known in the art to provide such a configuration wherein an upper manifold sprays water upwardly into items held by an upper rack thereabove. For example, Bryan similarly discloses a countertop apparatus for washing baby bottles and nipples comprising: lower and upper racks (4 and 6) positioned within an interior of a washing chamber (1), the lower rack adapted to support the baby bottles (e.g. A, B, C) and the upper rack adapted to support nipples (“accessories such as teats and bottle caps”) [Fig. 1; pg. 3, lines 1-9]; a lower manifold (connecting 20 to sprayers 8a-c) positioned adjacent the lower rack (4) and including sprayers (8a-c) for directing water upwardly into the baby bottles during washing operations [Fig. 1-2; pg. 4, lines 13-15]; and an upper manifold (rotating spray arm 9) positioned adjacent the upper rack (6), a water line (20) fluidly connecting the upper manifold to the lower manifold, the upper manifold including sprayers (spray outlets in 9) adapted to direct fluid upwardly into the nipples (held by 6) during washing operations [Fig. 1; pg. 3, lines 12-13; pg. 4, lines 13-15], for the expressed purpose “to clean areas inside the teats and in the grooves and crevices of the sealing caps” [pg. 1, lines 11-13]. Additionally, Riegner expressly teaches “The present disclosure is not limited by the structural configurations of the top tray 208 and the bottom tray 206 in any manner” [¶0043]. Therefore it would have been an obvious matter of design choice for a person having ordinary skill in the art at the time of filing to rearrange the upper manifold and upper rack of Riegner by known methods such that the upper manifold sprays liquid upwardly into the nipples held by the upper rack positioned thereabove to predictably and beneficially clean areas inside the teats and in the grooves and crevices of the sealing caps, as taught by Bryan [pg. 1, lines 11-13]. Such a modification does not change the principle of operation of Riegner and is suitable for its intended purpose.
Regarding the recitation “wherein all the water necessary for washing operations is initially contained within the supply water reservoir and wherein once the washing operations are complete all the water from the supply water reservoir is delivered to the return water reservoir”, this recitation is a statement of intended use which does not patentably distinguish over Riegner since the supply water reservoir and return water reservoir meet all the structural elements of the claim and is capable of performing said intended use if so desired. See MPEP 2114.
Claim 14 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Biskamp (US1823583A) in view of Bryan (GB2260483A).
Regarding claim 14, Biskamp teaches a self-contained countertop apparatus capable of carrying out washing operations on items and accessories (see page 1, lines 1-8), the countertop apparatus comprising: a washing chamber 1 with an interior configured to receive the items (see figure 1, page 1, lines 73-80); a lid 24 positioned over the washing chamber (see figure 1, page 2, lines 26-40); a supply water reservoir 47/53/54 is in a fluid communication with the interior of the washing chamber 1, the supply water reservoir 47/53/54 being capable of containing the water necessary for washing operations, and being removably attached to the apparatus (see page 2, line 105 – page 3, line 4, figures 1, 4, 10, 11); a rack 6/10 configured to be positioned within a space of the lid 24, the rack 6/10 capable of receiving the accessories (see page 1, line 81 – page 2, line 18, figure 1); a manifold 41/42 in fluid communication with the supply water reservoir 47/53/54, the manifold 41/42 including sprayers 43 for directing water upwardly into the items to be cleaned during washing operations, wherein the water necessary for washing operations is able to be initially contained within the supply water reservoir 47/53/54, and wherein once the washing operations are complete when the supply water reservoir is empty (see figures 1, 10, 11, page 2, lines 19-34, 79 – page 3, line 4). Biskamp does not teach a heater. Bryan teaches a washing machine (see abstract) and that a heater 24 may be included in the system so as to provide steam and a sterilizing effect (see page 5, figure 2). Since both Biskamp and Bryan teach washing machines it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention that a heater may be included in the system by Biskamp so as to allow for the production of steam and sterilization of the items to be cleaned, as shown to be known and conventional by Bryan. Biskamp does not explicitly teach that the supply water reservoir is sized to contain the water necessary for washing operations. However, this is a matter of intended use since the amount of water needed for washing operations depends on the particular nature of the item to be washed as well as the desired type and extent of washing; and it has been determined that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TINSAE B AYALEW whose telephone number is (571)270-0256. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL BARR can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINSAE B AYALEW/EXAMINER, Art Unit 1711
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