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 Species I, Figs. 3-15 in the reply filed on 25 November 2025 is acknowledged. However, claim 15 requires a second release button and second spring, which are not disclosed in the elected Species I. Therefore, claims 1-14 and 16-20 are considered to be directed to the elected Species, and claim 15 is withdrawn as being directed to a non-elected Species.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim.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 above.
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) 1-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0062382 to Whirlpool Corporation (“Whirlpool”).
Regard claim 1, Whirlpool (in Figs. 1, 52, and associated text) discloses a laundry washing machine (10, see Fig. 1), comprising:
a housing (14);
a wash tub (tub 34 or basket 30) disposed within the housing;
an impeller base (2720) disposed within the wash tub and configured to rotate about an axis of rotation, the impeller base including a base coupler defining a fulcrum (at rib 2732) disposed on one side of the axis of rotation, and a catch mechanism (2786/2733) defined on an opposite side of the axis of rotation from the fulcrum (see Fig. 52); and
a removable agitator (2750) including an agitator coupler (see flex feature and 2786 in Fig. 52) configured to removably couple with the base coupler by rocking about the fulcrum (2732) defined on the base coupler to orient the removable agitator in a coupled position relative to the impeller base (see pivoting operation of Fig. 52 in ¶ [0261]).
Whirlpool discloses the claimed invention including an embodiment having a catch mechanism with agitator coupler but does not expressly disclose said embodiment with the claimed release button and catch aperture configuration. Whirlpool does disclose another embodiment (see Fig. 23) wherein the agitator coupler includes:
a release button (956) coupled to the removable agitator and movable within a track along a release axis between depressed and extended positions (see horizontal track surrounding button 956 in Fig. 23); and
a spring (963) coupled between the removable agitator and the release button to bias the release button to the extended position;
wherein the catch mechanism defines a catch aperture (932) sized and configured such that the release button projects through the catch aperture when the removable agitator is in the coupled position and the release button is in the extended position (see Fig. 23);
wherein the catch aperture is further sized and configured to engage the release button when the removable agitator is in the coupled position and the release button is in the extended position to restrict movement of the removable agitator away from the coupled position (see Fig. 23); and
wherein the catch aperture is further sized and configured to disengage from the release button when the release button is in the depressed position to allow for movement of the removable agitator away from the coupled position (see ¶ [0202]-[0205] and decoupling operation once button 956 is depressed).
Because Whirlpool teaches similar agitator couplers for a washing machine, it would have been obvious to one skilled in the art to substitute one agitator coupler configuration for the other to achieve the predictable result of coupling/decoupling an agitator to a washing machine.
Regarding claim 2, Whirlpool further discloses wherein the catch aperture is formed on an outer wall of the base coupler and the release button projects outwardly from the outer wall of the base coupler when the removable agitator is in the coupled position and the release button is in the extended position (see Fig. 23).
Regarding claim 3, Whirlpool further discloses wherein the release axis is substantially perpendicular to the axis of rotation when the removable agitator is in the coupled position and the release button is in the extended position (see Fig. 52 and the pivoting motion similar to Applicant’s pivoting motion).
Regarding claim 4, Whirlpool further discloses wherein the catch mechanism and the release button include respective deflection surfaces (see rounded button 956 and edge of hole 932 in Fig. 23) positioned to engage and deflect the release button towards the depressed position as the removable agitator is rocked into the coupled position.
Regarding claim 5, Whirlpool further discloses wherein the release button includes an upwardly-facing retaining surface that engages an upper edge of the catch aperture when the removable agitator is in the coupled position and the release button is in the extended position to restrict movement of the removable agitator away from the coupled position (see Fig. 23).
Regarding claims 6-8, Whirlpool discloses embodiments readable on the claimed invention but does not expressly disclose a single embodiment wherein the base coupler includes a substantially planar support surface configured to engage with a bottom surface of the agitator coupler to support the removable agitator on the impeller base or wherein the substantially planar support surface is substantially perpendicular the axis of rotation or wherein the substantially planar support surface fully circumscribes the axis of rotation. However, such configuration is known wherein a base coupler includes a substantially planar horizontal support surface configured to engage with a bottom surface of an agitator coupler in the same manner as claimed (see Whirlpool at Fig. 38).
Therefore, the position is taken that it would have been obvious at the time of effective filing to modify the base coupler and agitator coupler in Whirlpool with such configuration to yield the same and predictable support results.
Regarding claims 9-10, Whirlpool (in Fig. 52) further discloses wherein the fulcrum is defined on an inwardly-projecting ledge (2732) of the base coupler, and wherein the agitator coupler includes an outwardly-facing groove (2785) configured to receive the inwardly-projecting ledge of the base coupler to support the removable agitator on the impeller base as the removable agitator is rocked into the coupled position, wherein the inwardly-projecting ledge and the outwardly-facing groove have respective mating surfaces sized and configured to align the agitator coupler with the base coupler as the removable agitator is rocked into the coupled position (see Fig. 52).
Regarding claim 11, Whirlpool further discloses an embodiment wherein the agitator coupler further includes a downwardly-projecting protrusion (See Fig. 38 at 1655) defining at least a portion of the outwardly-facing groove, wherein the downwardly-projecting protrusion includes an outer edge that is radially offset further from, and is at a lower elevation along, the axis of rotation than an inner edge of the inwardly-projecting ledge when the removable agitator is in the coupled position such that the inwardly-projecting ledge of the base coupler and the downwardly-projecting leg of the agitator coupler restrict axial movement of the removable agitator when the removable agitator is in the coupled position (note the combination of embodiments 52 and 23 above with embodiment 38).
Regarding claim 12, Whirlpool appears to disclose the opposite configuration of wherein the catch mechanism is disposed at a higher elevation along the axis of rotation than the fulcrum in Fig. 52. It would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the elevation configuration between the catch mechanism and fulcrum as desired to achieve the same and predictable coupling/decoupling results, 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 13, Whirlpool discloses the claimed invention including a track pathway for a push button. Whirlpool does not expressly disclose wherein the track includes a pair of slots on opposite sides thereof and extending substantially parallel to the release axis, and the release button includes a pair of oppositely-facing pins respectively received in the pair of slots to constrain movement of the release button along the release axis. However, use of track slots and pins are common knowledge in the mechanical arts for providing guidance of linear actuators such as push buttons, and their use is considered prima facie obvious.
Regarding claim 14, Whirlpool further discloses a cap coupled to the base coupler in place of an agitator (see Fig. 95).
Regarding claims 19-20, Whirlpool further discloses a laundry washing machine, comprising:
a housing (see claim 1 above);
a wash tub disposed within the housing (see claim 1 above);
an impeller base disposed within the wash tub and configured to rotate about an axis of rotation, the impeller base including a base coupler defining a fulcrum disposed on one side of the axis of rotation, and a catch mechanism defined on an opposite side of the axis of rotation from the fulcrum (see claim 1 above); and
a removable agitator including an agitator coupler configured to removably couple with the base coupler by rocking about the fulcrum defined on the base coupler to orient the removable agitator in a coupled position relative to the impeller base (see claim 1 above);
wherein the agitator coupler includes a release button movable within a track along a release axis between depressed and extended positions and biased to the extended position, the release button configured to engage the catch mechanism when the removable agitator is in the coupled position and the release button is in the extended position (see claim 1 above); and
wherein the catch mechanism is disposed at a higher elevation along the axis of rotation than the fulcrum (see claim 12 above),
wherein the base coupler includes a substantially planar support surface configured to engage with a bottom surface of the agitator coupler to support the removable agitator on the impeller base, and the substantially planar support surface fully circumscribes the axis of rotation and is substantially perpendicular the axis of rotation (see claims 6-8 above).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whirlpool in view of US 2022/0298704 to Pollett.
Whirlpool, supra, discloses the claimed invention including a storage compartment on top of the agitator (see Fig. 82) and use of various caps for the agitator (see Fig. 84) and base (see Fig. 95). Whirlpool does not expressly disclose the storage cap of claims 16-18 capable of coupling to the top of the agitator or the top of the impeller base. Pollett teaches that it is known to provide a removable agitator with a removable cap (214) sized and configured to couple to the top of the agitator (see Fig. 4) or the top of the impeller base (see Figs. 5-6).
Therefore, the position is taken that it would have been obvious at the time of effective filing to provide the agitator configuration of Whirlpool with a cap having the same coupling configuration for the top of the agitator and top of the impeller base, such as that taught in Pollett, to provide a singular cap cover for both configurations.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711