DETAILED ACTION
Election/Restrictions
Upon further review, the species restriction between groups 1a and 1b is withdrawn and the species restriction between groups 1c and 1d is withdrawn. Species Group 1ab (directed to the utensil rinsing device located on a door) and Species Group 1cd (directed to the utensil rinsing device located on a wall, rack, or spray arm) remain. Applicant’s election of Species Group 1a is considered an effective election of Group 1ab, which encompasses claims 2-18. Claims 17 and 18 are no longer considered withdrawn and are presently fully examined for patentability.
Rejections Withdrawn
Upon further review, the rejection of claims 2-16 under 35 USC 112(b) directed to the term “substantially” as set forth in the prior Office action is withdrawn.
Amendments to claim 3 overcome the rejection of claim 3 under 35 USC 112(b) set forth in the prior Office action. Therefore, the rejection is withdrawn.
Upon further review, the rejection of claims 2-16 under 35 USC 103 set forth in the prior Office action is withdrawn.
Claim Rejections - 35 USC § 102
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.
Claims 2-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 20230078596 by Dunaway.
As to claim 2, Dunaway discloses a dishwasher comprising an interior cavity 106 defined by a wash tub 104 and an external door 116 movable between opened and closed positions (fig. 2); racks 122, 124, 126 to support utensils; spray devices 134, 140, 142; and a utensil rinsing device 132 supported on the door and accessible by a user when the door is opened, the utensil rinsing device configured to rinse a utensil while the door is substantially open (fig. 3, para. 62).
As to claim 3, Dunaway discloses that the utensil is among a plurality of utensils washed during a wash cycle and the utensil rinsing device is configured to rinse the utensil prior to the wash cycle during which the plurality of utensils are washed (para. 40, quick-wash can be performed at any time).
As to claim 4, Dunaway discloses that the utensil rinsing device selectively sprays rinse fluid in response to user input (paras. 56, 61, 62).
As to claim 5, Dunaway discloses that the utensil rinsing device includes a rinse sprayer and a rinse valve coupling the sprayer to a fluid supply, the utensil rinsing device configured to selectively actuate the rinse valve in response to user input to direct rinse fluid to the sprayer (paras. 56, 61, 62).
As to claim 6, Dunaway discloses that the rinse valve may be mechanically actuated and the user input includes mechanically actuating the valve (para. 56).
As to claim 7, Dunaway discloses that the utensil rinsing device includes an actuator configured to be actuated in response to pressing a utensil against the actuator (para. 53).
As to claim 8, Dunaway discloses that the actuator comprises a platform 226 proximate a rinse sprayer and extending substantially perpendicular to an actuation axis to selectively actuate the rinse valve in response to movement of the platform along the actuation axis (fig. 6, para. 53).
As to claim 9, Dunaway discloses that the platform is movable between off and on positions along the actuation axis and is biased to the off position (para. 56), the platform actuates the rinse valve when in the on position, the utensil may be a beverage container (para. 53), and the platform moves towards the on position when a lip of the container is pressed against the platform to spray fluid into an interior of the container (para. 53).
As to claim 10, Dunaway discloses that the rinse valve may be electronically actuated and the utensil rinsing device includes a switch to actuate the valve (para. 61).
As to claim 11, Dunaway discloses a user interface to initiate a wash cycle, wherein the rinse valve is electronically actuated and the user interface includes a control to actuate the valve while no wash cycle is being performed (paras. 61-62).
As to claim 16, Dunaway discloses that the utensil rinsing device is supported on an interior side of the door (fig. 3).
Claims 2-5, 7-10, and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Application Publication 20250235073 by Beckmann et al.
As to claim 2, Beckmann discloses a dishwasher comprising an interior cavity 106 defined by a wash tub 104 and an external door 120 movable between opened and closed positions (fig. 2); racks 130, 132 to support utensils; spray devices 144, 148; and a utensil rinsing device 200 supported on the door and accessible by a user when the door is opened, the utensil rinsing device configured to rinse a utensil while the door is substantially open (fig. 4, para. 34).
As to claim 3, Beckmann discloses that the utensil is among a plurality of utensils washed during a wash cycle and the utensil rinsing device is configured to rinse the utensil prior to the wash cycle during which the plurality of utensils are washed (para. 44, cleaning can be performed at any time).
As to claim 4, Beckmann way discloses that the utensil rinsing device selectively sprays rinse fluid in response to user input (para. 46).
As to claim 5, Beckmann discloses that the utensil rinsing device includes a rinse sprayer and a rinse valve coupling the sprayer to a fluid supply, the utensil rinsing device configured to selectively actuate the rinse valve in response to user input to direct rinse fluid to the sprayer (paras. 46-47).
As to claim 7, Beckmann discloses that the utensil rinsing device includes an actuator configured to be actuated in response to pressing a utensil against the actuator (para. 46).
As to claim 8, Beckmann discloses that the actuator comprises a platform proximate a rinse sprayer and extending substantially perpendicular to an actuation axis to selectively actuate the rinse valve in response to movement of the platform along the actuation axis (fig. 4).
As to claim 9, Beckmann discloses that the platform is movable between off and on positions along the actuation axis and is biased to the off position, the platform actuates the rinse valve when in the on position, the utensil may be a beverage container, and the platform moves towards the on position when a lip of the container is pressed against the platform to spray fluid into an interior of the container (fig. 4, paras. 46-47).
As to claim 10, Beckmann discloses that the rinse valve may be electronically actuated and the utensil rinsing device includes a switch to actuate the valve (para. 42).
As to claim 16, Beckmann discloses that the utensil rinsing device is supported on an interior side of the door (fig. 2).
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.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 20230078596 by Dunaway.
As to claim 12, Dunaway teaches a pump 152 to pump wash fluid collected in a sump to spray devices (fig. 2); and a controller 160 to control the pump; wherein the utensil rinsing device is positioned such that fluid is captured in the dishwasher when the door is open (para. 44).
Dunaway does not explicitly teach an inlet valve controlled by the controller to supply wash fluid to the tub. However, one of ordinary skill in the art would have understood that such valve would have been present as common and typical of dishwasher of the type disclosed by Dunaway.
Dunaway is silent as to whether the rinse fluid captured in the dishwasher is combined with fresh water such that an initial fill during a wash cycle includes the rinse fluid. However, one of ordinary skill in the art would have recognized as obvious to combine the rinse water with fresh water since it was known and common to use rinse water for an initial wash cycle, and also since the dishwasher would be expected to perform as intended when using rinse water from a utensil rinsing device for an initial wash cycle.
As to claim 13, Dunaway teaches that rinse fluid sprayed on the utensil is captured in the sump (para. 44).
As to claim 14, Dunaway does not explicitly teach that the rinse fluid supply supplies fluid from an external water line to the rinse valve independent of the inlet valve. However, Dunaway suggests that the rinsing device operates independent of a wash cycle, and one of ordinary skill in the art would have expected that the rinse valve would operate independently in order to allow for the rinsing device to operate without a concurrent wash cycle (see paras. 61-62).
As to claim 15, Dunaway teaches that a utensil may be rinsed upon activation of a manual valve (para. 56) and that the utensil is rinsed with the door open, which is indicative of no wash cycle being performed. One of ordinary skill in the art would have recognized as obvious that the controller may be in an off state during rinsing of a utensil.
Allowable Subject Matter
Claims 17 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: Nothing in the prior art suggests modifying Dunaway, Beckmann, or any other prior art of record such that a utensil rinsing device is configured to articulate relative to an interior side of the external door. Dunaway teaches that its utensil rinsing device includes a secondary door that articulates relative to the main door (fig. 3), but its utensil rinsing device as a whole does not articulate. Modifying such device to articulate as contemplated would substantially depart from the intended function and structure of the dishwashers taught by Dunaway and Beckmann. Both of their rinsing devices are structured and designed to remain fixed on the interior of their respective doors. Nothing in the prior art of record suggests that the claimed articulation would have been obvious.
Conclusion
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/SPENCER E. BELL/Primary Examiner, Art Unit 1711
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