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 Arguments/Amendments
This Office Action is responsive to the amendment filed 2/3/2026. Claims 1-5, 7, 8, and 11-26 are pending. Claims 1, 7, 11, 12, 21, 25, and 26 have been amended.
The rejection of claims 12-14, and 24 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, are withdrawn in response to Applicant’s amendments. Claim 25 was rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, and has been amended, but is still considered to be indefinite because “the generator” lacks proper antecedent basis. Claim 26 was rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, and has been amended, but is still considered to be indefinite because “the microwave generator” lacks proper antecedent basis.
Claims 1-4, 6-10, 15, and 19-23 were rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545) in view of KR 10-0402069 (hereafter, “KR ‘069”). Claims 5 and 16-18 were rejected under 35 U.S.C. 103 as being unpatentable over combinations of King, KR ‘069, Cheung (US 2010/0330208), and Jansson (US 4,356,640).
Claim 1 has been amended to incorporate features from previously presented claim 6, and Applicant argues that the amended claim is not obvious in view of King and KR ‘069. The Examiner respectfully disagrees. First, Applicant appears to argue that since King provides a magnetron located on the base (64) and not on a side wall of the drum (28), a skilled person would provide plural magnetrons on the base (64) instead of in a direction of the rotational axis. Applicant also argues that KR ‘069 does not provide for a solution that compensates for the missing features of King. "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR, 550 U.S. at 421, 82 USPQ2d at 1397. "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d at 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396. KR ‘069 was relied upon for teaching plural microwave generators (34) installed at a side of a tub (32), that the generators are installed at 120 degree intervals, and also that they may be changed to a structure that can evenly radiate microwaves to laundry regardless of the number, installation height, or arrangement (translation: paragraph 23). Since KR ‘069 teaches an embodiment with microwave generators spaced in a circumferential direction and also teaches that other arrangements may be used having different numbers, installation heights, or arrangements for evenly radiating microwaves to laundry, a PHOSITA would have understood that the microwave generators could also be placed at different heights and would have found it to be obvious to arrange the microwave generators along the rotational axis, and the results would have been predictable, namely, providing even distribution of radiation.
In response to applicant's argument that it would be impossible to provide magnetrons in King’s device due to a lack of space, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant also argues that since KR ‘069 only discloses using the microwave energy during a drying cycle, a skilled person would not consider KR ‘069 for providing a solution for more uniform application of microwave during cleaning. This is not persuasive because the claims are directed to an apparatus, not a method, and a PHOSITA would recognize that a washing and drying machine can use its heater/microwave for heating during any cycle.
The rejection of claim(s) 1-4, 11, 12, and 19-23 under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545) in view of Mahan (US 4,510,361) is withdrawn in response to Applicant’s amendments. Accordingly, the rejection of claim(s) 13 and 14 rejected under 35 U.S.C. 103 as being unpatentable over King, in view of Mahan, and further in view of Geisheimer et al. (US 2007/0024505) is also withdrawn.
In response to Applicant’s amendments, new ground(s) of rejection are applied below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-14 and 25-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "at least one of the microwave generators is connected or engaged to a side wall of the tub or an end wall of the drum to introduce microwaves in the axial direction of the cavity” which is not understood because it contradicts claim 1 which requires “the plurality of microwave generators constitutes an array in which the generators are spaced in a direction of the rotational axis to position each generator to radiate microwave energy across a respective circumferential segment of the first wall of the tub or the second wall of the drum.” Since claim 1 requires the microwave generators to be in “an array in which the generators are spaced in a direction of the rotational axis to position each generator to radiate microwave energy across a respective circumferential segment of the first wall of the tub or the second wall of the drum,” it is not understood how one of those can also be “connected or engaged to a side wall of the tub or an end wall of the drum to introduce microwaves in the axial direction of the cavity.”
Claim 25 recites the limitation "the generator." There is insufficient antecedent basis for this limitation in the claim because there are plural microwave generators.
Claim 26 recites the limitation "the microwave generator." There is insufficient antecedent basis for this limitation in the claim because there are plural microwave generators. It is unclear if this microwave generator refers to a specific microwave generator, such as a microwave generator that is radially co-incident with the transparent window.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7-8, 15, and 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545) in view of KR 10-0402069 (hereafter, “KR ‘069”).
Regarding claim 1, King discloses a cleaning apparatus which includes a tub which has a first circumscribing wall and a pair of opposed sidewalls positioned on a rotational axis, an enclosure defined within the first wall and the sidewalls (26), a drum positioned inside the enclosure and which includes a second circumscribing wall, a pair of opposed end walls on the rotational axis, a cavity defined within the second wall and the end walls, into which an item to be cleaned is placed (28), a drive means which is connected to the drum to provide rotational movement to the drum about the axis (30), and a microwave generator adapted to direct microwaves into the cavity (32/76; paragraph 58).
King does not expressly disclose a plurality of microwave generators, each of which is adapted to direct microwaves into the cavity, characterized in that the plurality of microwave generators constitutes an array in which the generators are spaced in a direction of the rotational axis to position each generator to radiate microwave energy across a respective circumferential segment of the first wall of the tub or the second wall of the drum.
KR ‘069 discloses a washing machine having a drying system comprising an inner and outer tub (30, 32) and plural microwave generators (34) installed at intervals of 120 degrees between a frame (10) and the laundry tubs (30, 32) to evenly radiate microwaves into the laundry (translation: paragraphs 22, 23). KR ‘069 further discloses there are three microwave generators (34) installed at 120 degree intervals, but may be changed to a structure that can evenly radiate microwaves to laundry regardless of number, height, or arrangement (translation: paragraph 23).
Because it is known in the art to have plural microwave generators and to have different numbers and/or arrangements of the microwave generators, and the results of the modification would be predictable, namely, evenly radiating the microwaves, it would have been an obvious engineering design choice to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein a plurality of microwave generators, each of which is adapted to direct microwaves into the cavity, characterized in that the plurality of microwave generators constitutes an array in which the generators are spaced in a direction of the rotational axis to position each generator to radiate microwave energy across a respective circumferential segment of the first wall of the tub or the second wall of the drum. Also see MPEP 2144.04 (B) – Duplication of Parts; MEP 2144.04 (C) – Rearrangement of Parts.
Claims 2-4, 15, and 19-21 are considered to be met by the combination of King in view of KR ‘069 as applied above and which results in: wherein the drum is a cylindrical or a tubular polygonal drum (King: 28); wherein the tub has an aperture through a sidewall and the drum has an opening through an end wall that is in register with the aperture (King: Figure 3: see ends of 26 and 28); wherein each microwave generator is a magnetron or a solid-state microwave module (King: paragraph 14; 76); wherein the drum is made of a material transparent to microwave energy (KR ‘069: translation: paragraph 22); wherein the plurality of microwave generators produces an aggregate microwave output power of 1 kW to 50kW (King: paragraphs 27-28); wherein each microwave energy generator is adapted to emit a continuous or a pulsed microwave power output (King: paragraphs 27-29); wherein each microwave energy generator is adapted to emit microwaves in a range 300MHZ to 30GHZ (King: paragraph 58).
Claims 22-23 are considered to be met by the combination of King in view of KR ‘069 as applied above and which results in: a control circuit to which the plurality of microwave generators is connected to control a microwave power output of the plurality of microwave generators in terms of one or more of the following parameters: power output, phase, frequency and duty cycle (King: 88/89; paragraph 59); wherein the control circuit includes a programmable process controller and one or more sensors connected to the controller and adapted to measure one or more of the following: relative rotational position of the drum, water temperature in the cavity, microwave field strength and microwave reflection coefficient sensor (King: 88; paragraphs 17-19, 67-68).
Regarding claims 7-8, King, in view of KR ‘069, is relied upon as above, but does not expressly disclose wherein each circumferential segment is irradiated by one generator each; wherein the generators are axially aligned, radially offset or circumferentially opposed.
KR ‘069 is relied upon as above and further discloses there are three microwave generators (34) installed at 120 degree intervals, but may be changed to a structure that can evenly radiate microwaves to laundry regardless of number, height, or arrangement (translation: paragraph 23).
Because it is known in the art to have different numbers and/or arrangements of the microwave generators, and the results of the modification would be predictable, namely, evenly radiating the microwaves, it would have been an obvious engineering design choice to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein each circumferential segment is irradiated by one generator each; or wherein the generators are axially aligned, radially offset or circumferentially opposed. Also see MPEP 2144.04 (B) – Duplication of Parts; MEP 2144.04 (C) – Rearrangement of Parts.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545), in view of KR 10-0402069 (hereafter, “KR ‘069”), and further in view of Cheung (US 2010/0330208).
Regarding claim 5, King, in view of KR ‘069, is relied upon as above, but does not expressly disclose wherein the plurality of microwave generators is connected or engaged to the first wall of the tub or the second wall of the drum, with each generator being positioned thereon to introduce microwaves in a radial direction into the cavity.
Cheung discloses an apparatus for extraction of material by heating a solvent, including an outer container inner wall (22), an inner container (30), and magnetrons (50) provided on the outer container (12) to supply microwaves to the outer container (paragraph 27).
Because it is known in the art to provide the magnetron on the outer container, and the results of the modification would be predictable, namely, supporting the magnetrons as is known in the art, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein the plurality of microwave generators is connected or engaged to the first wall of the tub or the second wall of the drum, with each generator being positioned thereon to introduce microwaves in a radial direction into the cavity.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545), in view of KR 10-0402069 (hereafter, “KR ‘069”), and further in view of Jansson (US 4,356,640).
King, in view of KR ‘069, is relied upon as above, but does not expressly disclose wherein the drum is made of a microwave impermeable material; wherein the drum includes a plurality of microwave transparent windows through the second wall or an end wall; wherein the transparent windows are positioned on the second wall to be enabled to rotate into a radially co-incident position with a respective generator.
Jansson discloses an apparatus for exposing laundry to be dried and/or laundry water to be heated, including a microwave generator (19), a metal drum (7), and a plastic ring (Figure 3: 37; Figure 4: 43; Figure 5: 37), which may be formed from segments spaced by intermediate metal strips, such that the microwave output is supplied through the plastic segments (ML; col. 3, line 59 – col. 4, line 41).
Because it is known in the art to use a metal drum with microwave transparent segments, and the results of the modification would be predictable, namely, providing a known drum design for a known purpose, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have wherein the drum is made of a microwave impermeable material; wherein the drum includes a plurality of microwave transparent windows through the second wall or an end wall; wherein the transparent windows are positioned on the second wall to be enabled to rotate into a radially co-incident position with a respective generator.
Claim(s) 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over King et al. (US 2017/0306545) in view of KR 10-0402069 (hereafter, “KR ‘069”), and further in view of Seagar et al. (US 6,343,492).
Regarding claims 24-26, King, in view of KR ‘069, is relied upon as above, but does not expressly disclose wherein at least one of the sensors is a shaft encoder which provides input to the controller as to the position of a plurality of microwave transparent windows; wherein the controller is adapted to receive input from the shaft encoder to ensure that a microwave generator only radiates microwaves when a transparent window is radially co-incident with the generator; wherein the controller is adapted to receive input from the shaft encoder, and input as to whether the drum is not rotating or is rotating, to ensure that the microwave generator only radiates microwaves when no items to be cleaned lie adjacent a transparent window or only when the items to be cleaned lie adjacent a transparent window respectively.
Seagar discloses a laundry washing machine and indicates that a motor for driving rotation of the drum may include a position detector, such as a rotary shaft encoder, to determine and monitor the drum position, and operation of the machine, including the motor, is controlled by a central microprocessor (col. 3, line 54 – col. 4, line 17).
Because it is known in the art to use a shaft rotary encoder connected to a microprocessor, and the results of the modification would be predictable, namely, allowing sensing and control of the drum position, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have the rotary encoder as claimed. Note that the controller limitations reciting the controller is adapted to receive input are not considered to be a positive recitation of a controller being “configured” or “programmed” to perform the claimed functions. The claimed functions are interpreted as intended use capable of being met by the prior art. The claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (CN 102587101) discloses a microwave drying device for fabrics including: a drum (1), a magnetron mounting cavity (2) formed around the outer surface of the drum, and an outer surface (201) of the magnetron mounting cavity has magnetrons (202) mounted thereon. Figure 2 shows magnetrons (202) are mounted along axial and circumferential directions of the magnetron mounting cavity.
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 DAVID G CORMIER whose telephone number is (571)270-7386. The examiner can normally be reached M-F: 9:30 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at (571) 272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID G. CORMIER
Examiner
Art Unit 1711
/DAVID G CORMIER/Primary Examiner, Art Unit 1711
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