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
Applicant’s election without traverse of Group I (claims 1-5, 9-11, 17-18, and 19-24, in the reply filed on 20 November 2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “filtering device” in independent claims 1 and 17 (and dependent claims reciting said limitations), “recovery device” in independent claim 17 (and dependent claims reciting such limitations), and “switching device” of claim 21.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 7, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2017/043290 to Iwasaki (cited by Applicant; machine translation provided by Examiner).
Regarding claim 1, Iwasaki (in Figs. 1, 10-11, and associated text) discloses a washing machine (1), including:
a water container (12);
a filtering device (26,204), communicating with the water container and configured to filter water in the water container, wherein the filtering device is provided with a discharge outlet (31a-c) for discharging filtered impurities outward; and
a recovery device (31d, see Fig. 10), separately arranged with the filtering device and communicating with the discharge outlet of the filtering device for collecting the discharged filtered impurities.
Regarding claim 2, Iwasaki further discloses wherein, a discharge pipeline (25) is included, and one end of the discharge pipeline (see pipeline portion between 31a and 25) is connected with the discharge outlet (31a) of the filtering device, and an other end of the discharge pipeline (bottom of discharge 25) communicates with the recovery device (see Fig. 10).
Regarding claim 7, Iwasaki further discloses wherein it includes a circulation filtering pipeline (22,23), a water inlet end and a water outlet end of which espectively communicating with the water container (see ends of circulating pipelines in Fig. 11 connecting to water container 12), and a circulation pump (27) being arranged thereon; the filtering device, arranged on the circulation filtering pipeline, provided with a discharge outlet (25) for discharging filtered impurities outward; the recovery device, communicating with the discharge outlet of the filtering device through a discharge pipeline (25), and configured to collect the discharged filtered impurities; and a discharge control valve (V1), arranged on the discharge pipeline, and configured to control on-off of the discharge pipeline (see Figs. 10-11).
Regarding claim 17, Iwasaki further discloses a washing machine (1) including:
a water container (12), a water container water outlet being arranged thereon (see bottom of water container 12 with drains);
a drainage waterway (21,24), a water inlet end of which being connected with the water container water outlet and configured to discharge water to outside of the washing machine;
a filtering device (26), communicating with the water container to receive the water in the water container for filtering, and provided with a discharge outlet (31a-c), for discharging filtered impurities;
a discharge pipeline (25), wherein a water inlet end of which is connected with the discharge outlet, and a water outlet end of which is connected with the drainage waterway; and a discharge control valve (V1), arranged on the discharge pipeline and configured to control on-off of the discharge pipeline (see Figs. 6 and 10-11).
Regarding claim 18, Iwasaki further discloses wherein, when the discharge control valve is opened, the discharge pipeline is unidirectionally opened from the discharge outlet to the drainage waterway (note the control valve of Iwasaki is fully capable of such intended use operation).
Regarding claim 19, Iwasaki further discloses wherein, the discharge pipeline includes a sewage discharge section (bottom of pipeline 25) which vertically extends upward for a certain length (shown in Figs. 10-11), and an upper end of the sewage discharge section is connected with the drainage waterway (shown in Figs. 10-11); the discharge control valve is arranged on the sewage discharge section (see Figs. 10-11).
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102016004326 A1 to Wessel et al. (“Wessel”; cited by Applicant; machine translation provided by Examiner).
Regarding claim 1, Wessel (in Fig. 1, abstract, and associated text) discloses a washing machine (coming from line 1), including:
a water container (implicit in washing machine; also see abstract);
a filtering device (see Fig. 1, membrane B), communicating with the water container and configured to filter water in the water container, wherein the filtering device is provided with a discharge outlet (portion of membrane B discharging towards outlets 12 and 7) for discharging filtered impurities outward; and
a recovery device (6), separately arranged with the filtering device and communicating with the discharge outlet of the filtering device for collecting the discharged filtered impurities.
Regarding claim 2, Wessel further discloses wherein, a discharge pipeline (discharge pipe structure below filter membrane B and towards discharge outlet 12) is included, and one end of the discharge pipeline is connected with the discharge outlet (discharge of membrane B) of the filtering device, and an other end of the discharge pipeline (bottom of membrane B) communicates with the recovery device (at outlet 8; see Fig. 1).
Regarding claim 3, Wessel further discloses wherein, the filtering device includes: a filtering cavity (see Fig. 1), the discharge outlet is arranged thereon (bottom membrane B), and a water inlet (from pipeline 1) communicating with the water container is further arranged thereon; and a filtering mechanism (A,B,C), rotatably arranged within the filtering cavity and dividing inside of the filtering cavity into an outer cavity and an inner cavity (outside and inside of membrane B); the water inlet and the discharge outlet both communicate with the outer cavity (see Fig. 1, and the
discharge outlet is arranged at a bottom part of the filtering cavity and is connected with the discharge pipeline (see Fig. 1).
Regarding claim 4, Wessel further discloses wherein, the recovery device includes:
a housing, provided with a recovery chamber inside (see outside of filter 6 in Fig. 1); and
a filtering assembly (coffee filter 6), arranged within the recovery chamber and dividing the recovery chamber into a first chamber (within the filter) and a second chamber (external the filter towards drain 7); wherein
the discharge outlet (at drain line 7; note both drain 7 and 12 lead to sewage) of the filtering device communicates with the first chamber, and sewage carrying the filtered impurities enters the first chamber, is filtered by the filtering assembly and enters the second chamber, and the filtered impurities are collected in the first chamber (see Fig. 1).
Regarding claim 5, Wessel further discloses wherein, the filtering assembly
includes a filter screen horizontally arranged at a certain height within the recovery chamber (coffee filter 6 with horizontal bottom reads on the claimed filter screen), and the filter screen divides the recovery chamber into the first chamber and the second chamber distributed up and down (within filter 6 reads on the first chamber and below filter 6 into the drain reads on the second chamber).
Claim Rejections - 35 USC § 103
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 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.
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) 9-11 and 20-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki.
Regarding claims 9-11, Iwasaki (see Figs. 10-11) further discloses various three-way structures in the circulation pipeline and switching members (valves), as well as providing such controls for filtering, discharging, and circulating washing fluid (see, e.g., Figs. 4-6). Iwasaki does not expressly disclose the configurations of such features as recited in claims 9-11. However, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the three-way configurations, valves, and circulation pump as desired to achieve the desired filtration, draining, and circulating, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Regarding claim 20, Iwasaki further discloses a drainage waterway, as well as a vertical upper drainage pipe and sewage discharge section for drainage control (see above). Iwasaki does not expressly disclose such features in the configured as claimed wherein, the drainage waterway includes an upper drainage pipe extending vertically for a certain length, in which the drainage water flow flows upwards; the upper end of the sewage discharge section is connected with a lower end of the upper drainage pipe. However, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the drainage waterway, upper drainage pipe, and sewage discharge section as desired to achieve the desired filtration, draining, and circulating, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Regarding claim 21, Iwasaki further discloses a circulation pump (27) and switching devices (various three-way structures and valves), as well as providing such controls for filtering, discharging, and circulating washing fluid (see, e.g., Figs. 4-6 and 10-11). Iwasaki does not expressly disclose the configurations of such features as recited in claim 21 wherein, a circulation pump is arranged between the water container water outlet and a water outlet end of the discharge pipeline on the drainage waterway, and a switching device is arranged between a water outlet end of the circulation pump and the water outlet end of the discharge pipeline; and the switching device is connected with the filtering device, and controls one of a water inlet of the filtering device and the water outlet end of the drainage waterway to communicate with the water outlet end of the circulation pump. However, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the three-way configurations, valves, and circulation pump as desired to achieve the desired filtration, draining, and circulating, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Further regarding claims 22-24, Iwasaki further discloses a circulation pump (27), switching devices (various three-way structures and valves), a water container water return port (16), as well as providing such controls for filtering, discharging, and circulating washing fluid (see, e.g., Figs. 4-6 and 10-11). Iwasaki does not expressly disclose the configurations of such features as recited in claims 22-24. However, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the three-way configurations, valves, water container outlets and return ports, and circulation pump as desired to achieve the desired filtration, draining, and circulating, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C) regarding Obviousness and Rearrangement of Parts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael E. 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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Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711