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 .
Election/Restrictions
Claims 18, 19, 21, 23, 24, and 28-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 16, 2026.
Examiner’s Note
Recitations following the term “preferably” in the claims are deemed optional and, thus, are not examined on the merits.
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 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.
Claim(s) 1-2 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Budich.
In reference to independent claim 1, Budich discloses:
A kitchen and/or gastronomic appliance, in particular a cooking appliance (100), comprising:
a food chamber (9) for treating and/or storing food, in particular configured as a cooking chamber,
a collecting container (12K, 12R) for storing a liquid washing liquor,
a washing liquor line (15) for conducting the washing liquor out of the collecting container into the food chamber,
at least one solids unit (2), having:
receptacle (2) for insertion of a container (BR, BK) comprising a solid additive (1R, 1K),
a supply line (through outlet opening 10, see Fig. 1) leading to the receptacle for supplying a fluid that dissolves the additive (see Fig. 1; [0088]),
and a discharge line that leads from the receptacle (2) in the direction of the collecting container (12K, 12R) and is intended for removing the fluid together with the dissolved additive (see Fig. 1), and
at least one supply line pump (5, 55) for pumping the fluid, preferably the washing liquor, through the at least one supply line.
In reference to dependent claim 2, Budich further discloses: two of the solids units (2, 22; see Fig. 1) specifically: a first solids unit (2) having a first receptacle for insertion of a container comprising solid additive, in particular detergent (1R), a first supply line (through outlet 10; see Fig. 1) leading to the first receptacle and intended for supplying the fluid that dissolves the additive (see Fig. 1), and a first discharge line (see Fig. 1), for removing the fluid together with dissolved additive, that leads from the first receptacle in the direction of the collecting container, and a second solids (22) unit having a second receptacle for insertion of a container comprising solid additive, in particular descaler or rinse aid (1K), a second supply line (44) leading to the second receptacle and intended for supplying the fluid that dissolves the additive (see Fig. 1), and a second discharge line (see Fig. 1), for removing the fluid together with dissolved additive, that leads from the second receptacle in the direction of the collecting container.
In reference to dependent claim 8, Budich further discloses: at least one sensor (see [0060]), preferably a conductivity sensor, for determining a control variable which is dependent on the concentration of additive; preferably: wherein the sensor is arranged in the washing liquor line, and/or wherein the sensor is arranged in the supply line, and/or wherein the sensor is arranged in the discharge line, and/or wherein the sensor is arranged in a circulation line which circulates the washing liquor, bypassing the food chamber and the additive unit(s).
Claim(s) 1, 2, 4-6, 8, 9, and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102020117842 A1 to Kufner et al. (Kufner).
In reference to independent claim 1, Kufner discloses:
A kitchen and/or gastronomic appliance, in particular a cooking appliance (10), comprising:
a food chamber (see Fig. 1, cooking box 12) for treating and/or storing food, in particular configured as a cooking chamber,
a collecting container (24) for storing a liquid washing liquor (see [0043]),
a washing liquor line (not shown) for conducting the washing liquor out of the collecting container into the food chamber (see [0007]),
at least one solids unit (18), having:
a receptacle (30) for insertion of a container (32) comprising a solid additive (38),
a supply line (48) leading to the receptacle (30) for supplying a fluid that dissolves the additive (see [0048]),
and a discharge line (see Fig. 5) that leads from the receptacle (30) in the direction of the collecting container (24) and is intended for removing the fluid together with the dissolved additive, and
at least one supply line pump (54) for pumping the fluid, preferably the washing liquor, through the at least one supply line (41).
In reference to dependent claim 2, Kufner further discloses: two of the solids units, specifically: a first solids (42) unit having a first receptacle (30) for insertion of a container (32) comprising solid additive (38, “first cleaning chemical”), in particular detergent, a first supply line (48) leading to the first receptacle and intended for supplying the fluid that dissolves the additive, and a first discharge (76, 78) line, for removing the fluid together with dissolved additive, that leads from the first receptacle in the direction of the collecting container, and a second solids unit (44) having a second receptacle (30) for insertion of a container comprising solid additive (38) (“second cleaning chemical”), in particular descaler or rinse aid, a second supply line (48) leading to the second receptacle and intended for supplying the fluid that dissolves the additive, and a second discharge line (76, 78), for removing the fluid together with dissolved additive, that leads from the second receptacle in the direction of the collecting container.
In reference to dependent claim 4, Kufner further discloses: a common supply line pump (54) for pumping the fluid through the first supply line and the second supply line (48).
In reference to dependent claim 5, Kufner further discloses: the common supply line pump (54) is configured for selectively conveying the fluid into the first supply line and into the second supply line (48), or comprising a valve (40, 46) downstream of the common supply line pump for selectively conducting the fluid into the first supply line and into the second supply line (see [0050], [0052]).
In reference to dependent claim 6, Kufner further discloses: the first discharge line and the second discharge line lead into a common discharge line, wherein the common discharge line leads into the collecting container (see Figs. 3-5).
In reference to dependent claim 8, Kufner further discloses: at least one sensor (58), preferably a conductivity sensor (see [0065]), for determining a control variable which is dependent on the concentration of additive (see [0072]); preferably: wherein the sensor is arranged in the washing liquor line, and/or wherein the sensor is arranged in the supply line, and/or wherein the sensor is arranged in the discharge line, and/or wherein the sensor is arranged in a circulation line which circulates the washing liquor, bypassing the food chamber and the additive unit(s).
In reference to dependent claim 9, Kufner further discloses: the kitchen and/or gastronomic appliance is configured to actuate the at least one supply line pump depending on the control variable (see [0073]-[0075]), preferably to switch said pump on and off and/or to change its speed and/or to change its discharge rate.
In reference to dependent claim 27, Kufner further discloses: a return line for guiding the washing liquor out of the food chamber into the collecting container, and/or a washing liquor pump for pumping the washing liquor through the washing liquor line, and/or a fresh water supply line (through water inlet 50), preferably having an actuatable freshwater valve and/or having a flow sensor, for feeding fresh water into the collecting container (see [0053]), and/or a flap on the receptacle, which flap can be actuated for insertion of the container, and/or a flap sensor, in particular brightness sensor, for detecting an open and/or a closed state of the flap, and/or a container sensor for detecting an inserted container.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Budich.
In reference to dependent claim 3, Budich further discloses: a first supply line pump (110) for pumping the fluid through the first supply line (see Fig. 1). However, Budich is silent regarding a second supply line pump for pumping the fluid through the second supply line. Nonetheless, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the appliance of Budich to include a second supply pump in the second supply line just as there is a first supply line pump (110) for the first supply line as doing so would only require routine skill in the art and the result would be expected, i.e. facilitate the flow of the fluid through the second supply line.
Allowable Subject Matter
Claims 7, 10-17, 20, 22, and 25-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ngoc T Nguyen whose telephone number is (571)272-7176. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGOC T NGUYEN/Primary Examiner, Art Unit 3799
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