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 .
Response to Amendment
Claims 1-20 are pending on the application, of which claim 20 is amended.
Based on applicant’s remarks directing the manner in which the phrase “integrated tubular shape” is to be interpreted, the previous rejection to claims 9 and 20 under 35 U.S.C. 112(b) is withdrawn.
The previous art rejection to claims 1-19 are maintained as applicant’s remarks are not persuasive. In light of the amendments, the previous rejection to claim 20 is withdrawn in favor of the new ground of rejection below.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim 20 is moot in light of the new references utilized to meet the new limitation.
Applicant’s argument directed towards the interpretation of certain limitations under 35 U.S.C. 112(f) are not found persuasive. The phrase additive supply part is not understood by one of ordinary skill in the art to be a structural modifier, unlike detent mechanism where the word detent provides structure.
Applicant’s argument to independent claim 1 alleges that the additive supply part is not provided in the first space. This argument is not found persuasive as the cited additive supply part exists within the cited portion defined as a first space (see rejection to claim 1). Specifically, applicant supplies an annotated figure of Kenny in which applicant attempts to indicate that the additive supply part is located behind the drying part. However, the first portion of the drying part includes ref 48 which is provided on a rear surface of the housing (see Fig.8B) and defines the first space as the portion within the housing (ref 11b). Meanwhile the additive supply part includes the reservoir located within the housing and the lines providing the additive from the reservoir into the tub. Accordingly, at least some part of the additive supply part is located in the first space. Applicant attempts to reinforce their argument by indicating the problem the claimed invention is attempting to solve and the manner in which it solves said problem. However, the structure provided by claim language does not differentiate from the structure of Kenny.
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: “additive supply part” in claims 1-19, “drying part” in claims 1-2.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kenny (WO2022214836A1).
As to claim 1, Kenny discloses a cup washer (abstract), comprising: a tub (Fig.8A ref 14, see also page 13 lines 25-37) having a space to accommodate a cup to be washed therein; a drying part located at a rear surface of the tub (Fig.8A ref 28 and Fig.3, also page 2 lines 30-35, page 9 lines 5-10, page 10 lines 3-4, page 11, line 15-20 all of which indicate that the embodiment of Figs.5a-8c is provided with the drying circuit in the rear portion), a first portion of the drying part (i.e., portion of drying part not connected to ref 14, and extending to ref 48) being spaced apart from the tub to define a first space (i.e., space defined inside ref 11b) between the rear surface of the tub and the first portion of the drying part (see Figs.3 & 8A-8B), a second portion of the drying part being connected to the rear surface of the tub (i.e., portion of ref 28 which connected to ref 14 and/or including portions to ref 27; see Figs.3 & 7A-8A), the drying part being configured to heat incoming outside air and then supply the heated air to the tub (page 4 lines 25-28); and an additive supply part (Figs.3 & 7A-8B refs 19, 46, & 47 and including ref 32 portions which transfer detergent from reservoir to refs 22/23; page 11 lines 15-20 and page 14 lines 1-3) located in the first space, the additive supply part being coupled to the rear surface of the tub (i.e., at least some portion of ref 32 which transfer the detergent is coupled to the rear surface of the tub), the additive supply part being configured to supply an additive to the tub.
As to claim 2, Kenny teaches the cup washer of claim 1, wherein the drying part includes an outside air inlet (page 14 lines 4-6, portion of ref 28 which communicates with ref 48), and wherein the cup washer further comprises: a front panel (Fig.5A ref 13) configured to cover a front side of the tub; and a rear panel (Fig.5B back portion of ref 11B) configured to cover a rear side of the drying part, the rear panel having a vent (Figs.5B & 8B ref 48) in communication with the outside air inlet of the drying part.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1) and Delellis (US20160022116A1).
As to claim 3, Kenny teaches the cup washer of claim 2, wherein the drying part further comprises: a blowing fan (page 11 lines 35-38) configured to suction the outside air through the outside air inlet and to blow the outside air toward the tub (see Figs.3 & 8B); and a drying duct having a first end coupled to the blowing fan (best seen by Fig.3 showcasing a heater and line from the fan to the nozzles), and an internal flow path defined along a surface of the drying duct (necessarily present as a duct has an internal flow path). Kenny does not detail the structure of the internal flow path, and thus does not disclose the internal flow path of the duct being parallel to the rear panel. However, such a feature is known in the art, as seen by Busing and Delellis.
Busing discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown that a drying part can be provided in a space between a tub and outer cabinet wall (see Fig.3 ref 100). Busing also indicates that when a drying part is provided in such a space, the internal flow path of a duct from the fan can be parallel to the cabinet and tub walls (see Fig.7).
Delellis discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown a duct (Fig.8 refs 60/140) from a fan (Fig.8 ref 90) can be provided in such a manner that the internal flow path is parallel to the wall against which the duct is attached.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide the duct from the fan with a configuration in which the internal flow path is parallel to the wall, as such is a known configuration in the art (See Busing Figs.3 & 7 and Delellis Fig.8). It is in the purview of one of ordinary skill in the art to utilize a known air duct configuration for drying when one is not specifically detailed, with a reasonable expectation of success. Such a modification would merely provide a known manner of situating a duct from a fan relative to the walls of the apparatus.
Claim(s) 4, 7, & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1) and Delellis (US20160022116A1) as applied to claim 3 above, and further in view of Jadhav (US20140150286A1) and Kim (US20220125277A1).
As to claim 4, Modified Kenny teaches the cup washer of claim 3, but does not specifically disclose the manner in which the duct and the tub connect to one another. Thus, Modified Kenny does not teach the drying part further comprising a tub connection pipe extending from a second end of the drying duct and the tub connection pipe having a tub connector connected to the rear surface of the tub. However, such a feature is known for the connection of a duct to a nozzle/tub, as seen by Jadhav and Kim.
Jadhav discloses an art related dishwasher (abstract), which can be used for washing cups, and more specifically a drying portion of the dishwasher (abstract). Jadhav showcases a manner of connecting a duct (ref 620) to a portion of the dishwasher (see Figs.8-11 & 16), wherein a connection portion is utilized (Figs.8-11 ref 615 or 1115). The connection portion is provided with a tub connection pipe (ref 616 or 1116) and a tub connection portion (remaining portion of ref 615 or 1115). The connection portion facilitates communication between the tub and the duct while also reducing the possibility of water infiltration [0045-0047].
Kim discloses an art related dishwasher (abstract), which can be used for washing cups, and more specifically a drying portion of the dishwasher [0002]. Kim showcases a manner of connecting a duct to a nozzle through a surface of the tub (see Figs.5-9), wherein a duct portion (ref 610) connects to the nozzle (ref 72) through a connection portion (combination of refs 71 & 80). The connection portion provides a tub connection pipe (ref 80) and a tub connector (ref 71) and allows for easily installation [0012].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide a tub connection pipe and tub connector, as is known in the art, in order to facilitate communication between the tub and duct and/or provide an easy manner of installing a nozzle (Jadhav [0045-0047] & Kim [0012]). It is in the purview of one of ordinary skill in the art to utilize a known manner of connecting a duct to a tub/nozzle when one is not specifically detailed, with a reasonable expectation of success. Such a modification would merely amount to implementing a known manner of connecting the duct to the nozzle/tub.
As to claim 7, Modified Kenny teaches the cup washer of claim 4, wherein the tub connection pipe extends downward between the second end of the drying duct and the tub connector (see Jadhav Fig.11 ref 1116, downward when viewed in the direction from the tub connector to the second end of the duct).
As to claim 13, Modified Kenny teaches the cup washer of claim 4, wherein the tub connection pipe is fitted and coupled to the second end of the drying duct (see Jadhav Figs.10-11 & Kim Fig.9).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 4 above, and further in view of Hoffman (US20180249884A1), Dreossi (US20130146091A1), and Hildenbrand (US20090038661A1).
As to claim 5, Modified Kenny teaches the cup washer of claim 4, but does not disclose the blowing fan is located relatively higher than the tub connector. However, it is known in the art that a fan may be located at different locations, as seen by Hoffmann, Dreossi, and Hildenbrand.
Hoffman discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is known that a fan may be located at any suitable location [0035 & 0041].
Dreossi discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is indicated that a fan can located at any position so long as it can still provide air [0033].
Hildenbrand discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown that a fan may be located higher than an inlet connection into a tub (Fig.2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to locate the fan at a higher location than the tub connector, as such is a known location for a fan (Hildenbrand Fig.2). Further, a skilled artisan recognizes that a placement of a fan can be located at any suitable position that allows for flow of air (Hoffman [0035 & 0041] & Dreossi [0033]). Thus, such a modification merely amounts to a rearrangement of parts with no unexpected results (see MPEP 2144.04).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 4 above, and further in view of Jeon (WO2025127394A1), Matz (US5524358A) and Knight (US2674249A).
As to claim 6, Modified Kenny teaches the cup washer of claim 4, wherein the drying part further comprises an air heater disposed in the drying duct (see Kenny Fig.3 showcasing heater is present in a line prior to connection to the tub and after the fan, indicative of placed in the duct; see also Busing Fig.6 & Delellis Fig.8 showcasing that a heater is placed within or part of the duct), the air heater being configured to heat air passing through the internal flow path (Col.12 lines 36-39 and Fig.3). Modified Kenny does not disclose the internal flow path including: a first section extending upward from the blowing fan; a second section extending laterally from the first section, the air heater being located in the second section; and a third section extending downward from the second section to the tub connection pipe. However, Delellis appears to indicate that various duct configurations are possible and [0088]. Further, such a duct configuration with a first, second, and third part is known in the art, as seen by Jeon.
Jeon discloses an art related dishwasher (abstract), capable of washing cups, wherein it is shown that a duct (Figs.5-6 ref 110) for introducing external air into the tub [0082 & 0084] can have a first section (vertical portion of ref 110 extending upwardly) extending upward from the blowing fan (Fig.7 ref 160) and having an air heater (Fig.7 ref 131), a second section (horizontal portion of ref 110) extending laterally from the first section, and a third section (downwardly extending portion of ref 110) extending downward from the second section. The duct configuration of Jeon allows for reduced space requirements [0080 & 0101].
Matz discloses an art related dishwasher (abstract), capable of washing cups, wherein it is known to provide a duct portion above an inlet in order to prevent backflow of water into an air housing (Col.5 lines 15-25).
Knight discloses an art related dishwasher (title), capable of washing cups, wherein it is known that a duct portion should be provided with a portion higher than an inlet connection into a duct in order to prevent water from backing up into the air blower (Col.3 lines 40-45).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide the duct with a vertical portion extending from the fan, a lateral portion extending from the vertical portion, and a downward portion extending from the lateral portion to the tub connection element in order to allow for reduced space requirements by the duct (Jeon [0080 & 0101]). Further, by implementing such a duct shape would prevent water flow flowing into the duct (Matz Col.5 lines 15-25, Knight Col.3 lines 40-45). The only difference between the invention of claim 6 and that of Modified Kenny is the air heater being located in the second section. However, one of ordinary skill in the art would reasonably expect that such a difference merely constitutes a rearrangement of the heater location within the duct and would not produce unexpected results (see Delellis [0059] indicating heaters can be located at different location in the duct. Thus, a skilled artisan would find it obvious to locate the heater at any portion located within the duct, including the claimed configuration, so long as the air can be heated to the desired temperature prior to introduction into the tub (see MPEP 2144.04). Furthermore, providing a heater within a horizontal duct is seen by Busing (Fig.6) and Kim (Fig.9).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 4 above, and further in view of Jeon (WO2025127394A1).
As to claim 8, Modified Kenny teaches the cup washer of claim 4, wherein the tub connection pipe is inserted and coupled to the second end of the drying duct (see Jadhav Figs.10-11 & Kim Fig.9). Modified Kenny does not teach the drying duct further comprising: a first assembly located between the tub and the rear panel; and a second assembly coupled to the first assembly, the second assembly being located between the first assembly and the rear panel, the first assembly and the second assembly defining the internal flow path and the second end of the drying duct. However, both Busing and Kim showcase a first assembly and second assembly (Busing Fig.6 refs 110 & 121 & Kim Fig.8 refs 6101 & 6102) that form an internal flow path and second of the drying duct (see Busing Fig.6 & Kim Fig.8). Further, Busing showcases (see Figs.3 & 6) that when the duct is located between the tub and an outer wall, one assembly piece will be located adjacent the wall and another piece will be adjacent the tub. Further, the configuration of a first and second assembly defining a duct is known in the art, as seen by Jeon.
Jeon discloses an art related dishwasher (abstract), capable of washing cups, wherein it is shown that a duct (Figs.5-6 ref 110) can be made of a first assembly (Fig.7 ref 110c) located between a tub and outer wall portion (see Figs.1 &3), and a second assembly (Fig.7 ref 11b) located between the first assembly and the outer wall (see Figs.1-3) and define an internal flow path therein, as well as an end of drying duct (see Figs.5-7). The duct configuration of Jeon allows for reduced space requirements [0080 & 0101].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to compose the duct of the first and second assemblies in order to allow for reduced space requirements (Jeon [0080 & 0101]). As such a configuration for a duct is known in the art (see Busing Fig.6 and Kim Fig.8), such a modification merely amounts to providing a known construction for the duct. Further such a configuration is a known alternative to providing the duct as a single piece (Jeon [0111]), and it is in the purview of one of ordinary skill in the art to utilize one known duct configuration in place of another with a reasonable expectation of success.
As to claim 9, Modified Kenny teaches the cup washer of claim 8, wherein the tub connection pipe has an integrated tubular shape (see Jadhav Figs.8-11 & Kim Fig.8).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1), Kim (US20220125277A1), and Jeon (WO2025127394A1) as applied to claim 8 above, and further in view of Brewer (US20250160604A1) and Pfister (EP2993430A1).
As to claim 10, Modified Kenny teaches the cup washer of claim 8, wherein the location at which the front panel (i.e., door) fits against the housing denotes a front frame (see Kenny Fig.7A area proximate refs 13a and ref 40) which supports the door at least partially (Kenny Col.13 lines 10-13) and is provided at the front side of the tub. Modified Kenny does not disclose or specify the construction of the rear panel. Thus, Modified Kenny does not disclose a rear frame located at the rear side of the drying part, the rear frame being configured to support the rear panel. However, frames and panels for dish and cup cleaning apparatuses are known in the art, as seen by Brewer and Pfister
Brewer discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it indicated that housings for washing of such vessels are known to be provided with frames and panels [0022].
Pfister discloses a housing for a domestic appliance (abstract), such as a dishwasher [0002] that is capable of washing cups. Pfister further showcases that a rectangular housing for such an appliance can have a front frame (ref 3) and a rear frame (ref 4), where the front frame can have hinge members (ref 21) for connecting a door (e.g., a front panel) to the front frame [0024], thereby supporting said door. The rear frame is provided to support a rear wall (i.e., a rear panel, see [0031-0032]). Such a construction of providing a frame to support the panels allows for flexibility in an outward appearance [0005], economical replacement of the panels [0015], and cost-effectiveness [0012 & 0017].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide a front frame and rear frame to support the front and rear panels, as such is customary and known in the art (Brewer [0022]). Further, providing such a front and rear frame would allow for flexibility in an outward appearance (Pfister [0005]), economical replacement of the panels (Pfister [0015]), and cost-effectiveness (Pfister [0012 & 0017]). It is in the purview of one of ordinary skill in the art to utilize a known housing construction for a cup cleaning apparatus, when one is not specifically detailed.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1), Kim (US20220125277A1), Jeon (WO2025127394A1), Brewer (US20250160604A1), and Pfister (EP2993430A1) as applied to claim 10 above, and further in view of Jo (KR100220732B1) and Oyama (JP2007117551A).
As to claims 11-12, Modified Kenny teaches the cup washer of claim 10, but does not explicitly disclose the second assembly is fastened to the rear frame. However, such a feature would be obvious in view of Jo and Oyama.
Jo discloses an art related dishwasher (abstract), capable of washing cups, wherein it is known that a duct system can be fixed to a rear wall of the cabinet (page 4/8 second paragraph)
Oyama discloses an art related dishwasher (abstract and Figs.1-4), capable of washing cups, wherein it is known that a drying circuit can be connected to any portion so long as it can allow for air flow into the tub [0036].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide couple/fasten the drying part including the second assembly to any component, including the claimed rear frame, with a reasonable expectation of success (Jo page 4/8 second paragraph & Oyama [0036]). Since it is known in the art that a drying circuit may be connected to different element so long as it can provide air to the tub, a skilled artisan would find such a modification to be a mere rearrangement of parts (see MPEP 2144.04).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 13 above, and further in view of Matz (US5524358A), Knight (US2674249A), and Woehler (US3739145A).
As to claim 14, Modified Kenney teaches the cup washer of claim 13, but does not disclose the second end of the drying duct is located relatively higher than a maximum water level in the tub. However, such a feature would be obvious in view of Matz, Knight, Woehler.
Matz discloses an art related dishwasher (abstract), capable of washing cups, wherein it is known to provide a duct portion above an inlet in order to prevent backflow of water into an air housing (Col.5 lines 15-25).
Knight discloses an art related dishwasher (title), capable of washing cups, wherein it is known that a duct portion should be provided with a portion higher than an inlet connection into a duct in order to prevent water from backing up into the air blower (Col.3 lines 40-45).
Woehler discloses an art related air heating system for a dishwasher (abstract), that is capable of washing cups. Woehler indicates that an inlet of an air duct into the tub should be located above a maximum water level in order to prevent water in the tub from flowing into the duct (Col.1 lines 60-66 & Col.2 lines 60-66).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide the inlet tub connection above a maximum water level and duct portion above the tub connection portion in order to prevent water flow flowing into the duct (Matz Col.5 lines 15-25, Knight Col.3 lines 40-45, and Woehler Col.1 lines 60-66 & Col.2 lines 60-66).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 13 above, and further in view of Dreossi (US20130146091A1), Hildenbrand (US20090038661A1), and Carpenter (US20210393105A1)
As to claim 15, Modified Kenny teaches the cup washer of claim 13, but does not disclose the second end of the drying duct located relatively lower than the outside air inlet. However, an air inlet higher than its outlet is known in the art, as seen by Hildenbrand and Carpenter. Further, the placement of fans in different locations is also known in the art as seen by Dreossi.
Dreossi discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is indicated that a fan can located at any position so long as it can still provide air [0033].
Hildenbrand discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown that a fan may be located higher than an inlet connection into a tub (Fig.2).
Carpenter discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown that an air ducting device (Fig.6) is provided at a rear of a tub (Figs.1, 6 & 8). The ducting device can have an air inlet located higher than an inlet connection to the tub (see Fig.8) in order to provide heated external air into the tub [0049-0050].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to locate the fan at a higher location than the outlet, as such is a known configuration for provided air flow into a tub (Hildenbrand Fig.2 & Carpenter Figs.6 & 8). Further, a skilled artisan recognizes that a placement of a fan and its inlet can be located at any suitable position that allows for flow of air (Dreossi [0033]). Thus, such a modification merely amounts to a rearrangement of parts with no unexpected results (see MPEP 2144.04). Accordingly, such a modification merely amounts to a rearrangement of parts to locate an air inlet higher than its outlet, which a skilled artisan would expect to provide a reasonable expectation of success.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1) and Kim (US20220125277A1) as applied to claim 4 above, and further in view of Gonska (US20080202566A1) and Hildenbrand (US20090038661A1).
As to claim 16, Modified Kenny teaches the cup washer of claim 4, but does not disclose an air discharge part located at an upper end of the tub to discharge air inside the tub. However, such a feature is known in the art, as seen by Gonska and Hildenbrand.
Gonska discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown an air discharge part (see Fig. 1 ref 16 to ref 60, see also Figs.4-5) is provided at an upper end of the tub to discharge air in the tub. Such an air discharge device allows for good drying results [0029]
Hildenbrand discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is shown that an air discharge part is located at an upper end of the tub in order to discharge air in the tub (see Figs.2-3D) and allows for removal of moist air or vapor [0046].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide an air discharge part at the upper end of the tub to discharge air from the tub to allow for good drying results (Gonska [0029] & Hildenbrand [0046]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1), Kim (US20220125277A1), Gonska (US20080202566A1) and Hildenbrand (US20090038661A1) as applied to claim 16 above, and further in view of Cordaro (US20220015601A1).
As to claim 17, Modified Kenny teaches the cup washer of claim 16, but does not disclose the air discharge part is connected between the rear surface of the tub and the rear panel. However, such a feature would be obvious in view of Cordaro.
Cordaro discloses an art related dishwasher (abstract), which can be used for washing cups, wherein it is indicated that a cabinet may be provided with an air outlet and duct and said air outlet can be located at any location including any portion of a rear panel [0025 & 0027]. Further, Cordaro indicates that a discharging portion [0027] is located between the tub and rear panel.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide the discharge part between the tub and rear panel as such a configuration is known in the art (Cordaro [0025 & 0027]). Since Cordaro indicates that an air discharge portion can be provided at any location of the rear panel, such as between the tub and the rear panel (Cordaro [0025 & 0027]), a skilled artisan would recognize that such a modification would merely amount to a mere rearrangement of parts (see MPEP 2144.04).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Busing (US20230180993A1), Delellis (US20160022116A1), Jadhav (US20140150286A1), Kim (US20220125277A1), Gonska (US20080202566A1), Hildenbrand (US20090038661A1), and Cordaro (US20220015601A1) as applied to claim 17 above, and further in view of Kiyoyasu (KR100767883B1).
As to claim 18, Modified Kenny teaches the cup washer of claim 17, wherein since the modification would provide the outlet of the air discharge part (e.g., see Hildenbrand Fig.2 ref 138) at the rear panel, the outlets at the rear panel would define a second portion of the air discharge part. Further, since the inlet of the discharging portion (see Hildenbrand Fig.2 ref 136) which connects to the tub is located lower in order to provide for area to condense liquid and for condensation to drip back to the tub, a skilled artisan would retain such a feature. Thus, the modification would impart a first portion of the discharge part connected to the tub located lower than the second portion connected to the rear panel. Further, such a configuration of an air discharge part where a portion that connects to a tub is lower than an outlet portion is known in the art, as seen by Kiyoyasu.
Kiyoyasu discloses an art related dishwasher (abstract), which can be used for washing cups, wherein an air discharging part is provided with a first part connected to the tub (Figs.1-2 ref 24) that is lower than second part (Fig.2 portion of ref 27 having ref 26) where the outlet is located. Thus, one of ordinary skill in the art would recognize that such a configuration is merely a known configuration for an air discharging portion. Accordingly, a skilled artisan would find such a configuration obvious as it renders an expectation of success for removal of humidity within the tub without lowering a drying performance (Kiyoyasu abstract)
As to claim 19, Modified Kenny teaches the cup washer of claim 18, wherein an element extends in a direction which intersects a longitudinal direction of the air discharge part (see any of Gonska Figs.4-5 ref 65, Hildenbrand Figs.3A-3B refs 140/142, Kiyoyasu Fig.2 staggered step portion of ref 27) which allows for condensation and removal of said condensation (Gonska [0031], Hildenbrand [0048-0050], and Kiyoyasu pages 14 &17 of description), thereby reading on a water barrier. Accordingly, the modification would retain such a feature in order to condense liquid and remove the condense liquid. Accordingly, the air discharge part include a water barrier extending in a direction that intersects a longitudinal direction of the air discharge part.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenny (WO2022214836A1) in view of Jadhav (US20140150286A1), Kim (US20220125277A1), Jeon (WO2025127394A1), Wang (CN106073682A), and Wen (WO2020134911A1).
As to claim 20, Kenny discloses a cup washer (abstract), comprising: a tub (Fig.8A ref 14, see also page 13 lines 25-37) having a space to accommodate a cup to be washed therein; a drying part located at a rear surface of the tub (Fig.8A ref 28 and Fig.3, also page 2 lines 30-35, page 9 lines 5-10, page 10 lines 3-4, page 11, line 15-20 all of which indicate that the embodiment of Figs.5a-8c is provided with the drying circuit in the rear portion), the drying part being configured to heat incoming outside air and then supply the heated air to the tub (page 4 lines 25-28) the drying part including: an outside air inlet (page 14 lines 4-6, portion of ref 28 which communicates with ref 48); a blowing fan (page 11 lines 35-38) configured to suction the outside air through the outside air inlet and to blow the outside air toward the tub (see Figs.3 & 8B); and a drying duct having a first end coupled to the blowing fan (best seen by Fig.3 showcasing a heater and line from the fan to the nozzles), a second end (e.g., necessarily present; the other end of duct which allows for air flow to reach into tub), and an internal flow path defined along a surface of the drying duct (necessarily present as a duct has an internal flow path).
Kenny does not specifically disclose the manner in which the duct and the tub connect to one another. Thus, Kenny does not teach a tub connection pipe extending from a second end of the drying duct and the tub connection pipe having a tub connector connected to the rear surface of the tub. However, such a feature is known for the connection of a duct to a nozzle/tub, as seen by Jadhav and Kim. Kenny does not teach the drying duct further comprising: a first assembly; a second assembly coupled to the first assembly, the first assembly being located between the second assembly and the tub, the first assembly and the second assembly defining the internal flow path and the second end of the drying duct. Further, the configuration of a first and second assembly defining a duct is known in the art, as seen by Jeon.
Jadhav discloses an art related dishwasher (abstract), which can be used for washing cups, and more specifically a drying portion of the dishwasher (abstract). Jadhav showcases a manner of connecting a duct (ref 620) to a portion of the dishwasher (see Figs.8-11 & 16), wherein a connection portion is utilized (Figs.8-11 ref 615 or 1115). The connection portion is provided with a tub connection pipe (ref 616 or 1116) and a tub connection portion (remaining portion of ref 615 or 1115). The tub connection pipe has an integrated tubular shape (see Jadhav Figs.8-11). The connection portion facilitates communication between the tub and the duct while also reducing the possibility of water infiltration [0045-0047].
Kim discloses an art related dishwasher (abstract), which can be used for washing cups, and more specifically a drying portion of the dishwasher [0002]. Kim showcases a manner of connecting a duct to a nozzle through a surface of the tub (see Figs.5-9), wherein a duct portion (ref 610) connects to the nozzle (ref 72) through a connection portion (combination of refs 71 & 80). The tub connection pipe has an integrated tubular shape (see Kim Fig.8). The connection portion provides a tub connection pipe (ref 80) and a tub connector (ref 71) and allows for easily installation [0012]. Kim also showcases a first assembly and second assembly (Kim Fig.8 refs 6101 & 6102) that form an internal flow path and second of the drying duct (see Kim Fig.8).
Jeon discloses an art related dishwasher (abstract), capable of washing cups, wherein it is shown that a duct (Figs.5-6 ref 110) can be made of a first assembly (Fig.7 ref 110c) located between a tub and outer wall portion (see Figs.1 & 3), and a second assembly (Fig.7 ref 11b) located between the first assembly and the outer wall (see Figs.1-3) and define an internal flow path therein, as well as an end of drying duct (see Figs.5-7). Accordingly, the first assembly is located between the second assembly and the tub. The duct configuration of Jeon allows for reduced space requirements [0080 & 0101].
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Kenny to provide a tub connection pipe and tub connector, as is known in the art, in order to facilitate communication between the tub and duct and/or provide an easy manner of installing a nozzle (Jadhav [0045-0047] & Kim [0012]). It is in the purview of one of ordinary skill in the art to utilize a known manner of connecting a duct to a tub/nozzle when one is not specifically detailed, with a reasonable expectation of success. Such a modification would merely amount to implementing a known manner of connecting the duct to the nozzle/tub. A skilled artisan would also find it obvious to modify Kenny to compose the duct of the first and second assemblies in order to allow for reduced space requirements (Jeon [0080 & 0101]). As such a configuration for a duct is known in the art (see Kim Fig.8), such a modification merely amounts to providing a known construction for the duct. Further such a configuration is a known alternative to providing the duct as a single piece (Jeon [0111]), and it is in the purview of one of ordinary skill in the art to utilize one known duct configuration in place of another with a reasonable expectation of success. Modified Kenny does not disclose the tub connection pipe coupled to ends of the first and second assembly, however an air duct with such a structure is known in the art, as seen by
Wang discloses an art related air blowing device for a dishwasher (abstract), wherein it is shown that a drying duct can have a first and second assembly (refs 1 & 3) coupled to each other along with a tub connection pipe (ref 7) to connect the ends of the first and second assembly to the tub (see Fig.3)
Wen discloses an art related bottle cleaning system with drying capabilities (abstract), wherein it is shown that a nozzle duct (ref 19) has a connector (ref 17) that provides a connection to a two piece air duct (Figs.7-8 refs 10-12, reading on an air duct with a first and second assembly) and said air duct has ends connecting to a blowing fan (ref 1).
Accordingly, a skilled artisan recognizes that the shape of the two piece air duct is a design choice which can be modified, while still providing reasonable success. Further, based on the art of record, one of ordinary skill in the art understands that a variation in shape of the two piece air duct, such that the tub connection pipe can receive the ends of the duct is a known configuration with expected successful results. Thus, one of ordinary skill in the art would find it obvious to provide the drying duct with a shape such that the end of first and second assemblies can be received by a tub connection pipe ,as a known alternative air duct shape for transmission of air with reasonable success (see MPEP 2144.04).
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.
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/OMAIR CHAUDHRI/Primary Examiner, Art Unit 1711
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