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 6/13/2025. Claims 1-7, and 12-17 are pending. Claims 1 and 12 have been amended.
The rejection of claims 4-7 and 14-17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in response to Applicant’s arguments.
The rejection of claim(s) 1, and 3-6 under 35 U.S.C. 102(a)(1) as being anticipated by Elick et al. (US 7,146,992) is withdrawn in response to Applicant’s amendments.
The rejection of claims 1, 3-7, and 12-17 under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0244256), in view of Blanchard et al. (US 2012/0285490) and Elick et al. (US 7,146,992), is withdrawn in response to Applicant’s amendments. Accordingly, the rejection of claim 2 under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0244256), in view of Blanchard et al. (US 2012/0285490) and Elick et al. (US 7,146,992), and further in view of Feddema et al. (US 2023/0095126) and Vanderroest et al. (US 2005/0133070), is also withdrawn.
In response to Applicant’s amendments, new ground(s) of rejection are applied below.
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) 1, 3-7, and 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0244256) in view of Blanchard et al. (US 2012/0285490) and Elick et al. (US 7,146,992), and further in view of Crane et al. (US 4,657,188).
Regarding claim 1, Lee discloses a dishwasher appliance, comprising, a tub defining a wash chamber (11); a diverter assembly at a bottom of the wash chamber (22; paragraph 56); and a wash conduit in the wash chamber (40, 50); a first supply channel extending between the diverter assembly and a wash conduit outlet (50), a second supply channel extending between the diverter assembly and an upper spray assembly (30, 40); wherein the first supply channel and the second supply channel are spaced apart by a gap (Figure 1: see gap between 40 and 50).
Lee does not expressly disclose wherein a wash conduit comprises a first supply channel and a second supply channel; an inlet comprising both a first supply channel inlet and a second supply channel inlet, the first supply channel inlet and the second supply channel inlet positioned co-planar, wherein the first supply channel inlet and the second supply channel inlet are different shapes.
Blanchard discloses a dishwasher with a multi-feed washing system, comprising a distributor head (100) with a second outlet (112) and a rotatable leg (130), a multi-tube feed arrangement comprising: a first tube (118) attached to the second outlet (112), and a second tube (122) mounted to the rotatable leg (130). The first tube (118) and second tube (122) appear to have different shapes and are separated by a gap (Figures 2-5). Elick discloses a dishwasher having a pump assembly (30) connected to a conduit (51), wherein the conduit includes a lower section (53), for supplying wash fluid to an upper wash arm (59) and an underside wash arm, extending from the main housing of the pump (33) and an overflow tube (98) projecting from the main housing of the pump (33; col. 3, line 49 - col. 4, line 3; col. 4, lines 23-31). The figures depict the lower section and overflow tube as having an elongated shape and a circular shape respectively, with both tubes having the same depth/height (Figures 3, 12).
Because it is known in the art to have a multi-feed arrangement with plural tubes with separate connections, and to have wherein the tubes have the same height but different widths, and the results of the modification would be predictable, namely, providing a single conduit assembly with a uniform height wherein the conduits also have different capacities, 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 wherein a wash conduit comprises a first supply channel and a second supply channel; an inlet comprising both a first supply channel inlet and a second supply channel inlet, the first supply channel inlet and the second supply channel inlet positioned co-planar, wherein the first supply channel inlet and the second supply channel inlet are different shapes.
Modified Lee does not expressly disclose wherein each of the first supply channel and the second supply channel define a groove for an O-ring. Note that modified Lee results in a wash conduit comprises a first supply channel and a second supply channel that are separated by a gap to be individually connected to a connector an outlet of a distribution head (Blanchard: Figure 2: 112, 118, 122, 128). Crane discloses a spray system for a dishwashing machine having a manifold (Figure 2: 50) with an inlet conduit (86) fittable within an open end (84) of a branch conduit, wherein a sealing O-ring (92) is disposed within a groove about open end (88) of the inlet conduit (86) to form a fluid tight seal (col. 7, lines 5-11).
Because it is known in the art to have a connector with an O-ring groove as claimed, and the results of the modification would be predictable, namely, forming a fluid tight seal, 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 disclose wherein each of the first supply channel and the second supply channel define a groove for an O-ring.
Claims 3-7, are considered to be met by the modified Lee as applied above and which results in: wherein the first supply channel inlet is circular shaped (Lee: 50; Elick: 98); wherein the second supply channel inlet is stadium shaped (Lee: 40; Elick: 53); wherein the diverter assembly comprises a diverter outlet (Lee: 22; Blanchard: 100, 110, 112, 130); wherein the diverter assembly comprises a first diverter outlet and a second diverter outlet, the first diverter outlet coupled with the first supply channel inlet and the second diverter outlet coupled with the second supply channel inlet (Lee: 22; Blanchard: 100, 112, 130); wherein the first diverter outlet is circular shaped to couple with the first supply channel inlet and the second diverter outlet is stadium shaped to couple with the second supply channel inlet (Blanchard: 100, 112, 130; Elick: 53, 98).
Claims 12-17 are considered to be met by modified Lee as applied above and which results in: a first spray assembly positioned within the wash chamber (Lee: 31); a second spray assembly positioned in the wash chamber above the first spray assembly (Lee: 80); a third spray assembly positioned in the wash chamber above the second spray assembly (Lee: 30); and a wash conduit positioned in the wash chamber, the wash conduit fluidly coupled with each of the first spray assembly, the second spray assembly, and the third spray assembly, the wash conduit comprising (Lee: 40, 50); a first supply channel extending between the diverter assembly and a wash conduit outlet (Lee: 50), a second supply channel extending between the diverter assembly and the third spray assembly (Lee: 40), and an inlet comprising both a first supply channel inlet and a second supply channel inlet, the first supply channel inlet and the second supply channel inlet positioned co- planar, wherein the first supply channel inlet and the second supply channel inlet are different shapes (Blanchard: 118, 122; Elick: 53, 98).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0244256), in view of Blanchard et al. (US 2012/0285490) and Elick et al. (US 7,146,992), in view of Crane et al. (US 4,657,188), and further in view of Feddema et al. (US 2023/0095126) and Vanderroest et al. (US 2005/0133070).
Regarding claim 2, Lee, in view of Blanchard and Elick, and further in view of Crane, is relied upon as above and further discloses a basket (90) and indicates that plural baskets may be provided (paragraph 58), and a spray nozzle (80) to clean the inside of dishware may be located in the basket and connected to a duct (50).
Modified Lee does not expressly disclose a first rack assembly slidably positioned within the wash chamber; a first spray assembly positioned in the wash chamber and configured to direct wash fluids at the first rack assembly; a second rack assembly slidably positioned in the wash chamber above the first rack assembly; a second spray assembly positioned in the wash chamber and configured to direct wash fluids at the second rack assembly; a third rack assembly slidably positioned in the wash chamber above the second rack assembly; and a third spray assembly positioned within the third rack assembly and configured to direct wash fluid at articles located in the third rack assembly.
Feddema discloses a dishwasher having a first rack assembly slidably positioned within the wash chamber (34); a first spray assembly positioned in the wash chamber (42); a second rack assembly slidably positioned in the wash chamber above the first rack assembly (32); a second spray assembly positioned in the wash chamber (41); a third rack assembly slidably positioned in the wash chamber above the second rack assembly (28); and a third spray assembly positioned within the third rack assembly and configured to direct wash fluid at articles located in the third rack assembly (Figure 2: 130; paragraph 28). Feddema further discloses that there are multiple supply conduits (54-58) coupled to the sprayers (41-45, 130), and a recirculation valve (59) can selectively couple each of the conduits to the recirculation pump (53) and each sprayer may have a corresponding dedicated supply conduit (paragraph 33). Vanderroest discloses a dishwasher having a lower spray arm assembly (22) positioned below a lower dish rack (26) and spraying liquid generally upwardly, and a mid-level spray arm (23) positioned between the lower dish rack (26) and an upper dish rack (27) and spraying liquid generally upwardly (paragraph 32).
Because it is known in the art to have plural racks and sprayers as claimed, with appropriate fluid supply conduits, and the results of the modification would be predictable, namely, providing racks, sprayers, and conduits as is known, 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 first rack assembly slidably positioned within the wash chamber; a first spray assembly positioned in the wash chamber and configured to direct wash fluids at the first rack assembly; a second rack assembly slidably positioned in the wash chamber above the first rack assembly; a second spray assembly positioned in the wash chamber and configured to direct wash fluids at the second rack assembly; a third rack assembly slidably positioned in the wash chamber above the second rack assembly; and a third spray assembly positioned within the third rack assembly and configured to direct wash fluid at articles located in the third rack assembly.
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 DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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, 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.
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.
DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
Prosecution Insights