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 .
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: first temperature measurement unit, second temperature measurement unit, drainage unit, cooling unit, heating unit, and water storage space in claims 1, 3-6, and 13-21.
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) 1-6, 8-11, 13, and 15-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3680382 A1 to Yang et al. (Yang).
In reference to independent claim 1, Yang discloses:
A laundry treating apparatus comprising:
a cabinet (1);
a tub (2) provided in the cabinet;
a drum (3) rotatably provided in the tub, the drum being configured to receive laundry; and
a first temperature measurement unit (96) and a second temperature measurement unit (95) provided in the tub (see Figs. 1 and 5), each of the first temperature measurement unit and the second temperature measurement unit being configured to measure a temperature of air in the tub during a drying cycle for drying the laundry, wherein
the tub (2) has a water storage space (29) configured to receive water formed on a bottom surface (see Fig. 5), the first temperature measurement unit (96) is spaced apart from the water storage space (29) (see Fig. 5), the first temperature measurement unit being configured to measure a temperature of dry air,
the second temperature measurement unit (95) is provided in the water storage space (29) (see Fig. 5), the second temperature measurement unit having a protruding end protruding from the bottom surface of the tub toward the drum (see Fig. 5), a temperature of the protruding end being measured, the protruding end being exposed to air during the drying cycle (see [0192]).
In reference to dependent claim 2, Yang further discloses: a controller (9) provided in the cabinet, the controller being configured to derive a humidity value in the tub from measurement values of the first temperature measurement unit and the second temperature measurement unit (see [0205]).
In reference to dependent claim 3, Yang further discloses: a drainage unit (52) provided in communication with the water storage space (29) (see Figs. 1 and 5), the drainage unit being configured to discharge water in the water storage space to an outside of the tub (see [0105]), wherein the controller controls the drainage unit such that a water level of the water storage space is lower than the protruding end of the second temperature measurement unit during the drying cycle (see [0193]).
In reference to dependent claim 4, Yang further discloses: a cooling unit (via cooling valve 97) provided in the cabinet (see Fig. 1), the cooling unit being configured to cool at least a part of the tub during the drying cycle (see [0130]), wherein condensate generated at the at least a part of the tub cooled by the cooling unit during the drying cycle is collected in the water storage space (29) (see [0190]).
In reference to dependent claim 5, Yang further discloses: the cooling unit supplies coolant into the tub to cool the at least a part of the tub (see [0130]), and the condensate and the coolant are received together in the water storage space (see [0199]).
In reference to dependent claim 6, Yang further discloses: a cooling valve (97) provided in the cabinet (see Fig. 1), the cooling valve being configured to control a flow of coolant provided to the cooling unit (see [0130]); a drainage unit (52) provided in communication with the water storage space (29), the drainage unit being configured to discharge water in the water storage space to an outside of the tub (see [0105]); and a controller (9) configured to control the cooling valve or the drainage unit (52) such that a water level of the water storage space is lower than the protruding end of the second temperature measurement unit during the drying cycle (see [0193]).
In reference to dependent claim 8, Yang further discloses: the tub comprises (see Fig. 1): a front surface having a tub opening configured to allow an inside and an outside of the tub to communicate with each other therethrough; a rear surface located opposite the front surface; and a tub circumferential surface connecting the front surface and the rear surface to each other between the front surface and the rear surface, the tub circumferential surface comprising the bottom surface, and the bottom surface of the tub corresponds to a lowermost surface of the tub circumferential surface.
In reference to dependent claim 9, Yang further discloses: a part of the tub circumferential surface of the tub is depressed downward to form the bottom surface and the water storage space, the tub circumferential surface comprises a water storage circumferential surface defining the water storage space, and the second temperature measurement unit is located spaced apart from the water storage circumferential surface (see Fig. 6).
In reference to dependent claim 10, Yang further discloses: the tub comprises a drainage hole (connected to first water discharge pipe 522a) located in the water storage space (see Fig. 1), the drainage hole being configured to discharge water.
In reference to dependent claim 11, Yang further discloses: the second temperature measurement unit (95) is located adjacent to the drainage hole (see Fig. 1).
In reference to dependent claim 13, Yang further discloses: the first temperature measurement unit (96) comprises a protruding end facing the drum (see Fig. 1), a temperature of the protruding end being measured, and a distance between the protruding end of the second temperature measurement unit (95) and the drum (3) is less than a distance between the protruding end of the first temperature measurement unit and the drum (see Fig. 1).
In reference to dependent claim 15, Yang further discloses: the tub comprises: a front surface having a tub opening configured to allow an inside and an outside of the tub to communicate with each other therethrough; a rear surface located opposite the front surface; and a tub circumferential surface connecting the front surface and the rear surface to each other between the front surface and the rear surface, the tub circumferential surface comprising the bottom surface (see Fig. 1), and the first temperature measurement unit (96) and the second temperature measurement unit (95) are provided at the tub circumferential surface (see Fig. 1).
In reference to dependent claim 16, Yang further discloses: the first temperature measurement unit (96) is provided at an upper part of the tub circumferential surface (see Fig. 1), and the second temperature measurement unit (95) is provided at the bottom surface located at a lower part of the tub circumferential surface (see Fig. 1).
In reference to dependent claim 17, Yang further discloses: a heating unit (8) that is provided at an upper end of the tub circumferential surface (see Fig. 1), wherein the first temperature measurement unit (96) is located spaced apart from the heating unit (8) (see Fig. 1).
In reference to dependent claim 18, Yang further discloses: the first temperature measurement unit (96) is located between a horizontal center line passing through a center (see Fig. 1 annotated below) of the tub and the heating unit (8).
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In reference to dependent claim 19, Yang further discloses: a heating unit (8) that provides an electromagnetic field into the tub, wherein the drum is heated by induced current generated by the electromagnetic field, whereby air in the tub is heated (see [0109]).
In reference to independent claim 20, Yang discloses:
A laundry treating apparatus comprising:
a cabinet (1);
a tub (2) provided in the cabinet;
a drum (3) rotatably provided in the tub, the drum being configured to receive laundry; and
a first temperature measurement unit (96) and a second temperature measurement unit (95) provided in the tub (see Fig. 5), each of the first temperature measurement unit and the second temperature measurement unit being configured to measure a temperature of air in the tub during a drying cycle for drying the laundry, wherein
a water storage space (29) configured to receive water is formed on a bottom surface of the tub (2), the first temperature measurement unit (96) is spaced apart from the water storage space (29) (see Fig. 5),
the first temperature measurement (96) unit being configured to measure the temperature of dry air,
the second temperature measurement unit (95) is provided in the water storage space (29) (see Fig. 5), at least a part of the second temperature measurement unit being exposed to above a water surface to measure the temperature of wet air during the drying cycle, and
a shortest distance between the second temperature measurement unit (95) and the drum (3) is less than a shortest distance between the first temperature measurement unit (96) and the drum (3) (see Fig. 1).
In reference to independent claim 21, Yang discloses:
A laundry treating apparatus comprising:
a cabinet (1);
a tub (2) provided in the cabinet, the tub having a water storage space (29) configured to receive water formed on a bottom surface;
a drum rotatably provided in the tub, the drum being configured to receive laundry;
a heating unit (8) provided in the tub, the heating unit being configured to heat air in the tub during a drying cycle for drying the laundry;
a first temperature measurement unit (96) and a second temperature measurement unit (95) provided in the tub (see Fig. 1), each of the first temperature measurement unit and the second temperature measurement unit being configured to measure a temperature of the air in the tub during the drying cycle;
a drainage unit (52) provided in the cabinet (1) (see Fig. 1), the drainage unit (52) being in communication with the water storage space (29) (see Fig. 1), the drainage unit being configured to discharge water in the water storage space; and
a controller (9) configured to control the heating unit to perform the drying cycle and to control the drainage unit to adjust a water level of the water storage space, wherein
the first temperature measurement unit (96) is spaced apart from the water storage space (29) (see Fig. 5), the first temperature measurement unit being configured to measure the temperature of dry air,
the second temperature measurement unit (96) is provided in the water storage space (29) (see Fig. 5), the second temperature measurement unit being configured to measure the temperature of wet air, and
the controller (9) controls the drainage unit (52) during the drying cycle to adjust the water level of the water storage space such that a protruding end of the second temperature measurement unit, the temperature of which is measured, is exposed to air above a water surface.
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.
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang.
In reference to dependent claim 12, Yang further discloses: the tub comprises: a front portion comprising a front surface and a part of a tub circumferential surface; and a rear portion comprising a rear surface and a remaining part of the tub circumferential surface, a coupling line where the front portion and the rear portion are coupled to each other is formed (see Fig. 1).
Yang is silent regarding the second temperature measurement unit being located between the drainage hole and the coupling line.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have located the second temperature measurement unit between the drainage hole and the coupling line, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Allowable Subject Matter
Claims 7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 7, the prior art does not disclose or teach the controller derives an amount of condensate generated in the tub from an amount of coolant provided to the tub from the cooling unit and derives the water level of the water storage space from a total amount of the coolant and the condensate; regarding claim 14, the prior art does not disclose or teach a measurement value of the second temperature measurement unit is higher than a measurement value of the first temperature measurement unit before the coolant is supplied into the tub.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ngoc T Nguyen whose telephone number is (571)272-7176. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGOC T NGUYEN/Primary Examiner, Art Unit 3799
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