DETAILED ACTION
The communication dated 07/18/2026 has been entered and fully considered.
Claims 1, 3-4, 7-8, 11-15, and 19 are currently pending. Claim 19 is new.
Claims 1, 3-4, 7-8, and 11-14 are amended. Claims 2, 5-6, 9-10, and 16-18 are cancelled.
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
Applicant’s arguments, see page 8, filed 07/18/2026, with respect to claims 1-16 have been fully considered and are persuasive. The 35 U.S.C. § 112 rejection of claims 1-16 has been withdrawn.
Applicant’s arguments, see page 9, filed 07/18/2026, with respect to the rejection(s) of claim(s) claim 1 under 35 U.S.C. § 103 rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bosen et al. U.S. Publication 2017/0202426.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claims 1, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Eckert et al. DE102011017294 (henceforth referred to as Eckert) in view of Choi et al. U.S. Publication 2019/0239716 (henceforth referred to as Choi) and Bosen et al. U.S. Publication 2017/0202426 (henceforth referred to as Bosen).
As to claim 1, (Currently Amended) Eckert teaches a conveyor warewasher for cleaning washware, wherein the conveyor warewasher comprises at least one washing zone (paragraph [0034] main wash zone tank 146) and at least one rinsing zone (paragraph [0031] rinsing zone 142) as well as a conveyor apparatus for conveying the washware through the at least one washing zone and the at least one rinsing zone (FIG. 2 paragraph [0027] transport device 118, which is an endless circulating conveyor belt), wherein
the conveyor warewasher comprises a camera system (FIG. 2 paragraph [0040] detection device 216, which may be a camera), which is arranged above or below or lateral to the conveyor apparatus (FIG. 2 detection device 216 is arranged above the conveyor apparatus) and is configured in order to capture at least one image of a portion of the conveyor apparatus (paragraph [0038] detection device 216 sweeps over a detection area 218),
wherein the conveyor warewasher comprises a control device (FIG. 2 paragraph [0044] control 178).
Eckert differs from the instant claim in failing to teach an evaluation device, which is configured in order to determine an average degree of soiling of the washware present in the portion of the conveyor apparatus at the time of the image capture and/or a average type of soiling of the washware present in the portion of the conveyor apparatus at the time of the image capture; a controller device, which is configured in order to, automatically depending on the determined average degree of soiling of the washware and/or depending on the determined average type of soiling of the washware, and if necessary at a delay, regenerate the washing liquid to be sprayed in the at least one washing zone by setting, in a controlling manner, a regeneration water quantity to be added per unit of time to the washing liquid to be sprayed per unit of time; and/or set, in a controlling manner, a temperature of the washing liquid and/or cleaning agent concentration of the washing liquid, for setting or adjusting the soil carrying capacity of the washing liquid to be sprayed in the at least one washing zone.
Choi teaches a warewasher (paragraph [0031] stain detection system 100). Choi teaches an evaluation device, which is configured in order to determine an average degree of soiling of the washware present in the portion of the conveyor apparatus at the time of the image capture (paragraph[0058] image analysis system 214 includes a soil type classifier 312 that is configured to estimate what type of food ingredients are associated with a particular soil, stain, or dirt on an article of dishware); and a controller device, which is configured in order to, automatically depending on the determined average degree of soiling of the washware and/or depending on the determined average type of soiling of the washware, and if necessary at a delay, set, in a controlling manner, a temperature of the washing liquid and/or cleaning agent concentration of the washing liquid, for setting or adjusting the soil carrying capacity of the washing liquid to be sprayed in the at least one washing zone (paragraph [0066] processing system 106 can issue commands to a nozzle that sprays fluid 422 at a specified temperature, pressure and concentration. In some embodiments, the temperature of the fluid 422 may be varied between 100°F and 180°F).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conveyor warewasher as taught by Eckert with an evaluation device as taught by Choi. By evaluating the type of dirt/stain, a specific cleaning cycle can be executed to utilize resources efficiently (paragraph [0071]).
Alternatively (or in addition to), Bosen teaches a dishwasher (paragraph [0030] dishwasher 1). Bosen teaches a controller device, which is configured in order to, automatically depending on the determined average degree of soiling of the washware and/or depending on the determined average type of soiling of the washware, and if necessary at a delay, set, in a controlling manner, a temperature of the washing liquid and/or cleaning agent concentration of the washing liquid, for setting or adjusting the soil carrying capacity of the washing liquid to be sprayed (paragraphs [0005] and [0025] the wash program control apparatus can be configured to adjust the wash program based on the state of a degree of soiling, as detected by the optical detection means. A wash program can predefine the temperature of the washing liquid and/or the dosing of chemical detergents.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conveyor warewasher as taught by Eckert with a controller as taught by Bosen. It is known in the art to adjust the wash program as a function of the individual current state in the dishwasher in order optimize the wash program (paragraph [0010]).
As to claim 4, (Currently Amended) Choi and Bosen further teach wherein the control device is configured to set, in a controlling manner and if necessary at a delay, the temperature of the washing liquid and/or cleaning agent concentration of the washing liquid for setting or adjusting the soil-carrying capacity of the washing liquid to be sprayed in the at least one washing zone (Choi paragraph [0066] processing system 106 can issue commands to a nozzle that sprays fluid 422 at a specified temperature, pressure and concentration. In some embodiments, the temperature of the fluid 422 may be varied between 100°F and 180°F or Bosen paragraphs [0005] and [0025] the wash program control apparatus can be configured to adjust the wash program based on the state of a degree of soiling, as detected by the optical detection means. A wash program can predefine the temperature of the washing liquid and/or the dosing of chemical detergents.).
As to claim 8, (Currently Amended) Eckert and Choi further teach the control device is configured in order to include the delay wherein the delay depends on a conveying speed of the conveyor apparatus and/or a distance between the camera system and the at least one washing zone (Eckert paragraph [0038] the control unit 178 controls the speed of the transport device 118, which is crucial for the respective dwell time of the items to be cleaned. Paragraph [0044] Depending on the detection of the degree of soiling by the detection device 216, the transport speed of the transport device 118 can be varied via the control 178 of the continuous dishwasher or Choi Figure 11 shows a distance between the camera system and the at least one washing zone, which would result in a delay between the camera system and the washing zone).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Eckert et al. DE102011017294 (henceforth referred to as Eckert), Choi et al. U.S. Publication 2019/0239716 (henceforth referred to as Choi), and/or Bosen et al. U.S. Publication 2017/0202426 (henceforth referred to as Bosen) as applied to claim 6 above, in further view of Braun et al. U.S. Publication 2012/0199166 (henceforth referred to as Braun).
As to claim 7, (Currently Amended) Eckert further teaches the at least one washing zone comprises a washing system, wherein the washing system comprises a nozzle system having at least one washing nozzle for spraying washing liquid onto the washware to be cleaned (FIG. 2 paragraph [0030]-[0033], [0037] and [0049] nozzle system 136, 144, 156, 162, 202, 134), a wash tank for collecting at least a portion of the sprayed washing liquid (paragraph [0053] tank 138, 146, 152), and a wash pump for supplying washing liquid collected in the wash tank to the at least one wash nozzle (paragraphs [0030]-[0032] pump 140, 148, 158), and wherein a soil discharge system associated with the washing system is further provided (FIG. 2 paragraph [0037] wastewater outlet 186 reads on the claimed soil output.).
Eckert, Choi, and Bosen differ from the instant claim in failing to teach that the washing system is configured as a recirculation circuit; wherein a tank cover screen is associated with the soil discharge system, which screen is configured in order to separate soil particles from the washing liquid that is sprayed and flows back into the wash tank due to gravity, wherein the soil discharge system comprises a soil collection portion arranged at least partly in the wash tank for collecting the soil particles separated from the washing liquid by means of the tank cover screen, and wherein the soil discharge system includes a discharge path fluidly connected to the soil collection portion, via which system the soil collection portion can be emptied, as needed, wherein the control device is configured in order to activate and/or deactivate a soil discharge pump associated with the soil discharge system automatically depending on the determined and average degree of soiling of the washware and/or depending on the determined and average type of soiling of the washware, if necessary at a delay.
Braun teaches a similar warewasher (FIG. 1 paragraph [0034] conveyor dishwasher 50). Braun teaches the washing system is configured as a recirculation circuit (paragraph [0002] the invention is a dishwasher which has at least one wash zone designed in the form of a recirculation circuit); wherein a tank cover screen is associated with the soil discharge system (FIG. 1 paragraph [0047] tank-covering screen 20-1), which screen is configured in order to separate soil particles from the washing liquid that is sprayed and flows back into the wash tank due to gravity (paragraph [0047] the screen 20-1 separates off particles of dirt from the wash liquid which has been sprayed in the pre-wash zone 51 and flows back into the pre-wash tank 14-1 under gravitational force), wherein the soil discharge system comprises a soil collection portion arranged at least partly in the wash tank for collecting the soil particles separated from the washing liquid by means of the tank cover screen (FIG. 1 paragraph [0049] the particles of dirt separated off with the aid of the tank-covering screen 20-1 can pass into the chamber-like dirt-collecting region 71-1), and wherein a soil discharge system includes a discharge path fluidly connected to the soil collection portion is further provided, via which system the soil collection portion can be emptied (FIG. 1 paragraph [0052] dirt can be discharged from the dirt-collecting region 71-1 via dirt-discharging pipes 72-1, 73-1), as needed, wherein the control device is configured in order to activate and/or deactivate a soil discharge pump associated with the soil discharge system automatically depending on the determined and average degree of soiling of the washware and/or depending on the determined and average type of soiling of the washware (paragraph [0065] the dirty-water pump can be activated via the control means 100 depending on the quantity of particles of dirt collected in the dirt-collecting region), if necessary at a delay.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conveyor warewasher as taught by Eckert, Choi, and Bosen with a soil discharge system as taught by Braun. By separating and removing the dirt particles, the soil discharge system would filter the wash liquid and reduce the residence time of the particles of dirt in the dirt-collecting region, and thus in the wash system, and it is therefore no longer possible for dirt to disintegrate as a result of the wash liquid circulating in the wash system (paragraphs [0021]-[0023]).
Allowable Subject Matter
Claim 3 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.
The following is a statement of reasons for the indication of allowable subject matter: there is no motivation to combine Eckert with a reference regarding the control device configured to regenerate, automatically depending on the determined average degree of soiling of the washware and/or depending on a determined average type of soiling of the washware, the washing liquid to be sprayed in the at least one washing zone, namely by setting, in a controlling manner, a regeneration water quantity to be added per unit of time to the washing liquid to be sprayed per unit of time.
Claims 19, and 11-15 are allowed.
The following is an examiner’s statement of reasons for allowance:
Eckert et al. DE102011017294, the closest prior art, differs from the instant claim in failing to teach the evaluation device is further configured in order to perform machine diagnostics, automatically depending on the determined average degree of soiling of the washware and/or depending on the determined average type of soiling of the washware. Furthermore, Examiner agrees that it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the conveyor warewasher as taught by Eckert as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/L.G.O./Examiner, Art Unit 1711
/MICHAEL E BARR/Supervisory Patent Examiner, Art Unit 1711
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