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 .
Claims 1 and 4-19 are pending
Claims 2-3 have been canceled
Claims 11-19 are withdrawn
Claims 1, 4-5 and 11-12 have been amended
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) 1, 4-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Stowe et al. US 2023/0355074 (US’074) in view of Classen et al. US 8,980,014 (US’014) cited in the IDS filed 3-12-24.
Regarding claim 1, US’074 teaches a dishwashing appliance (abstract), comprising:
a tub defining a wash chamber for receipt of articles for washing (treating chamber 16/tub 14, para. 19, see fig. 1);
a door movably mounted to the tub (door assembly 20),
the door movable between an open position and a closed position, wherein the door permits access to the wash chamber in the open position (see fig. 1, para. 19 and 23-24) and
wherein the door sealingly encloses the wash chamber in the closed position (door assembly closes the tub 14 for performing washing, para. 19); and
a dispensing assembly (treating chemistry dispenser 148, para. 27, see fig 1) configured to receive a removable cartridge containing an additive (a cartridge 300 for use in the treating chemistry dispenser 148 is also shown in FIG. 4, para. 59),
the dispensing assembly comprising a plurality of inlets, each inlet of the plurality of inlets configured to couple to a corresponding outlet of the removable cartridge (the cartridge 300 can be provided with a set of cartridge pumps 304 corresponding to the set of containers 302, the set of cartridge pumps 304 includes a set of nozzles 310, each nozzle 310 protrudes out of the pump casing 306, para. 60, see fig. 4),
the dispensing assembly in fluid communication with the tub whereby the additive from the removable cartridge is provided to the wash chamber via the dispensing assembly during an operation of the dishwashing appliance (treating chemistry dispenser 148 is provided to dispense treating chemistry, e.g. detergent, anti-spotting agent, etc., into the treating chamber 16, para, 27, 52-54, see fig. 1 and 7).
US’074 does not teaches the plurality of inlets arranged asymmetrically within the dispensing assembly whereby the dispensing assembly is configured to receive the removable cartridge only in a single orientation.
However, US’074 teaches that the containers 302 can have difference shapes and are configured to be accommodated in a housing 150 which includes contours for accommodates tablet compartment 160 with correspondingly positioned nozzles (see fig. 4-8). The containers 302 can have different volumes. Non-limiting examples of treating chemistries that can be included in the cartridge 300 and the containers 302 include detergents, rinse aid, disinfecting agents, enzyme solutions, and the like. In the example illustrated in FIG. 4, the set of containers 302 includes three containers 302, however it should be appreciated that the set of containers 302 can include any number of containers 302 including one container 302 (para. 59). Therefore, the particular position of the nozzle will depend on the particular volume the container takes up within the housing and the number of containers and shifting the position of particular devices, were held unpatentable because shifting the position of equipment which would not have modified the operation of the device is held to be obvious
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 apparatus of US’074 to include the plurality of inlets arranged asymmetrically within the dispensing assembly, because US’074 teaches that it is known to position the nozzles with respect to the individual containers, which can have any desired volume and number of containers and are position to accommodate the cartridge in the housing and a claim which read on the prior art except with regard to the position of particular devices, were held unpatentable because shifting the position of equipment which would not have modified the operation of the device is held to be obvious, see MPEP 2144.04 VI.C.
The modified appliance of US’074 does not teach whereby the dispensing assembly is configured to receive the removable cartridge only in a single orientation.
US’014 teaches a cartridge for use in a detergent-dosing system of a water-conducting domestic appliance, in particular, a cartridge for use in a domestic dishwasher (abstract). The detergent-dosing system can furthermore have a positioning device for positioning the at least one cartridge in the detergent dispenser, which device will compel the cartridge to adopt a predefined seating in the detergent-dosing system when the cartridge is located in the holding space. It can be ensured by means of the device for positioning the at least one cartridge that the corresponding arrangement of openable seals and opening means of the detergent dispenser in keeping with their intended purpose will be maintained. That will ensure the adding of doses of the detergent in keeping with the intended purpose (col. 5). An exemplary embodiment of the inventive cartridge 50 is shown in FIG. 4. The cartridge 50 has only by way of example five chambers 51a, 51b, 51c, 51d and 51e for holding in each case a detergent or detergent mixture. The size of the individual chambers 51a to 51e is therein preferably dimensioned in keeping with the volume necessary during a predefined number of washing cycles. The volume of the different detergents in the chambers 51a to 51e is preferably dimensioned such that all the chambers 51a to 51e will have been completely emptied after a specific number of washing cycles (col. 7). To prevent the cartridge from being inserted into the detergent dispenser incorrectly, the cartridge's housing has a mechanical coding formed by means of, for instance, projections or guides. The coding is embodied such that the cartridge can be inserted into the detergent dispenser in a single manner only, namely the predefined manner. It will thereby be ensured that the openable seal can be positioned such as to correspond to the detergent-dosing system's opening means (col. 3).
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 modified appliance of US’074 to include whereby the dispensing assembly is configured to receive the removable cartridge only in a single orientation because US’014 teaches it prevent the cartridge from being inserted into the detergent dispenser incorrectly and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Regarding claim 4, the modified appliance of US’074 teaches the dishwashing appliance of claim 1. US’074 further teaches wherein each inlet of the plurality of inlets is configured to receive a distinct additive (the cartridge 300 can include a set of containers 302 for holding treating chemistries, para. 59, see fig. 4).
Regarding claim 5, the modified appliance of US’074 teaches the dishwashing appliance of claim 1.
The modified appliance of US’074 does not teaches wherein the plurality of inlets are positioned at a bottom of the dispensing assembly.
However, reconfiguring the cartridge to place the nozzles at the bottom would not modify the operation of the device
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 modified apparatus of US’074 to include wherein the plurality of inlets are positioned at a bottom of the dispensing assembly, because US’074 teaches nozzles are connected to the containers of the cartridge and a claim which read on the prior art except with regard to the position of particular devices, were held unpatentable because shifting the position of equipment which would not have modified the operation of the device is held to be obvious, see MPEP 2144.04 VI.C.
Regarding claim 8, the modified appliance of US’074 teaches the dishwashing appliance of claim 1. US’074 further teaches wherein the removable cartridge comprises at least one compartment, the additive contained within the at least one compartment (the cartridge 300 can include a set of containers 302 for holding treating chemistries para. 59), and wherein the at least one compartment is selectively enclosed by a lid (lid assembly 180, para. 52, see fig. 5), the lid movable to an open position whereby the cartridge is refillable (the lid allows a new cartridge to be placed in the housing, which reads on refilling the housing with a new cartridge or stated another way, the cartridge is refillable, further The set of containers 302 can be made of any suitable materials that are flexible, collapsible, rigid, or non-collapsible, soft, hard, or combinations thereof and are designed to be recycled or returned for exchange. Therefore, the configuration of the containers would be such that they would be capable of being refilled with additional additive).
Regarding claim 9, the modified appliance of US’074 teaches the dishwashing appliance of claim 1. US’074 further teaches wherein the removable cartridge comprises at least one compartment, the additive contained within the at least one compartment, and wherein the at least one compartment is not refillable (the cartridge 300 can include a set of containers 302 for holding treating chemistries and the cartridge 300 can be a consumable product and can be disposed of, para. 59, see fig. 4).
Regarding claim 10, the modified appliance of US’074 teaches the dishwashing appliance of claim 1. US’074 further teaches wherein the dispensing assembly is positioned within the door (The treating chemistry dispenser 148 can be mounted on an inner surface of the door assembly 20, para. 27, see fig. 1 and 11).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over US’074 in view of US’014 as applied to claim 1 above, and further in view of Welch US 2013/0087173 (US’173).
Regarding claim 6, the modified appliance of US’074 teaches the dishwashing appliance of claim 1.
The modified appliance of US’074 does not teach a diverter assembly coupled to the dispensing assembly.
US’173 teaches a dishwasher includes an auxiliary dispenser assembly used in conjunction with an auxiliary spray unit, preferably to create an intensified wash zone in the washing chamber. The dispenser assembly includes a container partitioned into a prefill chamber and an additive chamber. During at least one stage of a washing operation, a portion of the washing fluid delivered to the auxiliary spray unit is diverted and forced to flow into the prefill chamber, fill the prefill chamber, overflow into the additive chamber and exit the dispenser assembly with additional washing agent (abstract). The washing fluid is sequentially delivered to various spray units through control of a diverter unit. The use of the auxiliary dispenser is seen to be particularly advantageous in connection with washing kitchenware having tough soil thereon, such as soils that are baked on prior to the kitchenware being loaded into the rack, by providing a convenient way to establish a higher level of detergent concentration in the washing fluid directed onto the kitchenware during a predetermined portion of an overall washing cycle (para. 10).
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 modified apparatus of US’074 to include a diverter assembly coupled to the dispensing assembly because US’173 teaches it is particularly advantageous in connection with washing kitchenware having tough soil thereon, such as soils that are baked on prior to the kitchenware being loaded into the rack, by providing a convenient way to establish a higher level of detergent concentration in the washing fluid directed onto the kitchenware during a predetermined portion of an overall washing cycle and use of known technique to improve similar methods in the same way is obvious, see MPEP 2141 III (C).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over US’074 in view of US’014 as applied to claim 1 above, and further in view of Roman et al. WO 2022/194952 (WO’952) cited in IDS filed 3-12-24 (machine translation provided used for citation).
Regarding claim 7, the modified appliance of US’074 teaches the dishwashing appliance of claim 1.
The modified appliance of US’074 does not teach an actuator in the dispensing assembly, the actuator configured to open a check valve in the removable cartridge when the removable cartridge is received in the dispensing assembly.
WO’952 teaches a dishwasher (1), comprising a rinsing chamber (110) having one or more dispensing device(s) (111a-d), a docking unit (120) for docking one or more cartridge(s) (2) for one or more treatment agent(s) and one or more connection unit(s) (130), each for directly or indirectly connecting a corresponding cartridge (2) docked on the docking unit (120) to the one or more dispensing device(s) (111ad) or to a rinsing reservoir (180) or to a boiler (190) of the dishwasher (1) in order to use the one or more treatment agent(s) for one or more rinsing process(es) of the dishwasher (1) (abstract). The one or more connector units may each be configured as a pin that pierces a membrane of the respective cartridge or actuates a check valve of the respective cartridge to connect the respective cartridge to the one or more dispensers (page 3).
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 modified apparatus of US’074 to include an actuator in the dispensing assembly, the actuator configured to open a check valve in the removable cartridge when the removable cartridge is received in the dispensing assembly because WO’952 teaches it is a known configuration of a dispensing device for a additive dispensed in a dishwasher and simple substitution of one known element for another to obtain predictable results is obvious, see MPEP 2141 III (B).
Response to Amendment
Applicant’s amendments to independent claim 1 to include subject matter regarding the dispensing assembly is configured to receive the removable cartridge only in a single orientation has changed the scope of claim 1, and as a result, the 102 rejection of claim 1 as stated in the non-final office action mailed 12-23-25 is withdrawn. Upon further consideration, a new ground(s) of rejection is made under 103 as obvious over US’074 in view of US’014 which includes both the rejection of claims 1-3 as stated in the non-final office action mailed 12-23-25 and additional discussion regarding the teachings of US’014 relating to the features added to claim 1.
Response to Arguments
Applicant's arguments filed 3-23-26 have been fully considered but they are not persuasive.
Applicants’ arguments with regard to the teachings of Stowe and the amendments made to claim 1 regarding the dispensing assembly is configured to receive the removable cartridge only in a single orientation have been considered but are moot due to the reference not being relied on for teaching the additional feature.
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 ERIN FLANAGAN BERGNER whose telephone number is (571)270-1133. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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