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 with traverse of Species B (Fig. 4B), claims 19-24 and 26-38, in the reply filed on 25 November 2025 is acknowledged. The traversal is on the ground(s) that for each species, “each involve water conduit designs that deliver water to the detergent dispenser 116.” This is not found persuasive because, as indicated in the restriction requirement, WO 2020/233811 also teaches such water conduit configuration.
Applicant further argues that Figs. 4B and 4C “both have water conduit designs that involve discrete delivery lines 404B / 404C that allow water flow therethrough and to the detergent dispenser 116 independent of the main water conduit 402.” However, such configurations are not recited in the claims. Thus, since the claimed features are known in WO 2020/566/811, the claims fail to meet the requirements of a “special technical feature” and therefore lack unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Claim 25 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the aforementioned reply.
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 34-35 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.
Regarding claim 34, in line 3 it is unclear what is meant by the first and second panels extending “between the first and back door panels” (emphasis added). As best understood in light of the specification and Figures, it is believed Applicant’s intent is to recite “a front panel” or “front door panel”, as front panel 130, back panel 136, and two side panels 132 and 134 are disclosed as forming the dispenser door. Clarification and correction are required.
Claim 35 is rejected based on dependency from claim 34.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 19, 21-24, 26, and 33-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/233811 to Electrolux Appliances Aktiebolag (“Electrolux”).
Regarding independent claim 19, Electrolux (in Figs. 1-3c and associated text) discloses a dishwasher comprising:
a tub (2) defining a washing compartment;
a delivery tube (water conduit 21) comprising an end and at least one nozzle located at the end of the delivery tube (end of tube 21 at inlet 31);
a flow controller (pump 22) for delivering fluid to the delivery tube;
a detergent dispensing system (9) for supplying a cleaning agent to the tub, the detergent dispenser comprising:
a frame (see outside frame of dispenser 9 in Figs. 3a-3b);
a door (casing 32, see Figs. 3a-3b) movable relative to the frame, the door defining a chamber (33) and comprising:
a front door panel (front of casing 32);
a lower portion comprising an outlet (37);
a spout (31) defining a spout inlet, the spout being formed along the front door panel (see Figs. 3a-3b), wherein the spout inlet is configured to enable a volume of washing detergent to be located in the chamber, and wherein the fluid dispersed by the at least one nozzle flows into the chamber through the spout inlet to dissolve the washing detergent (note Fig. 3c with arrows directing water flow into the dispenser chamber for flushing detergent downwardly therethrough); and
a siphon comprising:
a first siphon member (see inner siphon proximate to 37 in Fig. 4)) having an inlet (top of siphon) and an outlet (bottom of siphon), the outlet in flow communication with the lower portion outlet; and
a second siphon member (at 35) surrounding the first siphon member (see Figs. 3a-3c), the first siphon member and second siphon member located in the chamber and defining a flow path (note arrows of flow path in Fig. 3c), wherein the siphon is configured to receive dissolved detergent via the flow path and convey flow of the dissolved detergent via the inlet and into the tub via the outlet (the siphon of Electrolux is fully capable of receiving and flushing dissolved detergent through the siphon and into the dishwasher tub).
Regarding claim 21, Electrolux further discloses wherein the door is movable between a first position away from the frame (see Fig. 3b) and a second position nested within the frame (see Fig. 3a), and wherein the volume of washing detergent is able to be inserted through the spout inlet when the door is nested within the frame (intended use operation, the spout inlet of Electrolux is fully capable of receiving detergent).
Regarding claim 22, Electrolux further discloses wherein the spout inlet is defined by the door and frame when the door is in the closed position (see Fig. 3a where the door and frame contact the spout inlet when the door is closed).
Regarding claim 23, Electrolux further discloses wherein the delivery tube comprises a dedicated delivery tube and is directly connected to the flow controller (see Fig. 2).
Regarding claim 24, Electrolux further discloses wherein the dishwasher comprises a main conduit connected to the flow controller, and wherein the delivery tube being separate from the main conduit (see Fig. 2).
Regarding claim 26, Electrolux further discloses wherein the first siphon member and second siphon member are cylindrical, and wherein the flow path defined between the siphon members being annular (see Figs. 3a-3c and 6c).
Regarding claim 33, Electrolux further discloses wherein the dishwasher comprises a movable dishwasher door (4) with a dishwasher door panel, and wherein the detergent dispensing system is located along the dishwasher door panel (see Fig. 2).
Regarding claims 34-36, Electrolux further discloses the dispenser door comprising:
a back door panel (see chamber 33 and back panel in Figs. 3a-3b, forming left wall of chamber 33);
first and second side panels extending between the first and back door panels (see side panels forming chamber 33 in Fig. 4 which connects to the front and back panels of chamber 33 in Figs. 3a-3b; and
a bottom door panel joining the first, side and back panels, wherein the first, side, back and bottom panels define the chamber (see all Figs. forming chamber 33 with said panels),
wherein the bottom panel comprises an upper portion and a lower portion, and wherein the outlet of the first siphon member is formed on the lower portion (see bottom outlet at the siphon in Figs. 3a-3b),
wherein the volume of washing detergent is a pod or tablet (the type of detergent used during operation is intended use and not afforded patentable weight in apparatus claims, the dispenser of Electrolux being fully capable of the intended use of a pod or tablet detergent).
Regarding claims 37-38, Electrolux further discloses a dishwasher comprising:
a washing compartment (see above); and
a detergent dispensing system for supplying a cleaning agent to the washing compartment, the detergent dispenser comprising:
a frame (see above);
a door movable relative to the frame, the door defining a chamber (see above) and comprising:
a front door panel (see above);
a lower portion comprising a first outlet (see above);
a spout defining a spout inlet, wherein the spout is formed along the front door panel (see above),
wherein the spout inlet is configured to enable a volume of washing detergent to be located in the chamber and disperse fluid into the chamber to dissolve the washing detergent (see above); and
a siphon comprising:
a first siphon member having an inlet and an outlet, wherein the outlet is in flow communication with the first outlet (see above); and
a second siphon member surrounding the first siphon member, wherein the first siphon member and second siphon member are located in the chamber and define a flow path, wherein the siphon is configured to receive dissolved detergent via the flow path and convey flow of the dissolved detergent via the inlet and into the tub via the outlet (see above),
wherein the volume of washing detergent is able to be inserted through the spout inlet when the door is nested within the frame (the spout inlet of Electrolux is fully capable of the intended use of having a volume of washing detergent being inserted therethrough).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Electrolux.
Electrolux, supra, discloses the claimed invention including structure readable on a spout inlet and nozzle. Electrolux does not expressly disclose wherein the at least one nozzle is directly above the spout inlet, and wherein the one or more nozzles and spout inlet being separated by a distance. However, such configuration would be readily realized by a simple rearrangement/relocation of the spout inlet and nozzle. Therefore, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to rearrange the spout inlet and nozzle configuration of Electrolux such that the nozzle is directly above the spout inlet in order to yield the same and predictable result of introducing water into the dispenser, 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.
Claim(s) 27-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Electrolux in view of US 2021/0310177 to Leibman et al. (“Leibman”) or US 2020/0208330 to Rios Acebal.
Regarding claims 27-32, Electrolux, supra, discloses the claimed invention including a detergent dispensing system with a first siphon member (i.e. siphon tube) and a second siphon member (i.e. siphon cap) proximate the spout. Electrolux does not disclose additional details of the siphon configuration such as the second siphon member (i.e. siphon cap) comprising a removable insert including a tray configured to support a volume of detergent. Leibman (in Figs. 4-5 and associated text) teaches that it is known to provide a washing appliance detergent dispenser siphon with an insertable siphon cap (222) having a siphon tube (240) and tray (252,254) which reads on a tray fully capable of supporting a volume of detergent for the purpose of dispensing detergent to a washing tub. Rios Acebal (in Figs. 3-5 and associated text) teaches that it is known to provide a washing appliance detergent dispenser siphon with an insertable siphon cap having a siphon tube (222) and latticework (208) which reads on a tray fully capable of supporting a volume of detergent, such as a tab or pod for the purpose of dispensing detergent to a washing tub.
Therefore, the position is taken that it would have been obvious to one having ordinary skill in the art at the time of invention to substitute the second siphon member (siphon cap) of Electrolux with the insertable siphon cap with tray, as disclosed in Leibman or Rios Acebal, to yield the predictable results of providing a siphon cap in a washing appliance dispenser that may hold/support detergent and provide a siphoning action to a washing tub.
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