DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 14-33 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.
The term “extra” in line 9 of claim 14 is a relative term which renders the claim indefinite. The term “extra” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, someone reading claim 14 might ask themselves the following: “how am I supposed to know if my outlet qualifies as an extra outlet or not? Extra relative to what?”
Claim 24 depends from itself, and a claim can’t depend from itself. For purposes of examination, it was presumed that applicant made a typographical mistake and intended to have claim 24 depend from claim 23.
Claim 24 recites the limitation "the hub". There is insufficient antecedent basis for this limitation in the claim.
The term “extra” in line 10 of claim 27 is a relative term which renders the claim indefinite. The term “extra” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, someone reading claim 27 might ask themselves the following: “how am I supposed to know if my outlet qualifies as an extra outlet or not? Extra relative to what?”
The term “extra” in line 5 of claim 32 is a relative term which renders the claim indefinite. The term “extra” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, someone reading claim 32 might ask themselves the following: “how am I supposed to know if my outlet qualifies as an extra outlet or not? Extra relative to what?”
Claim 33 recites “The method of claim 27, wherein…”. However, claim 27 is an apparatus claim, not a method claim. For purposes of examination, it was presumed that applicant made a typographical mistake and that applicant intended to have claim 33 depend from claim 32, not claim 27.
Claim Rejections - 35 USC § 102
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.
Claims 14-19, 25, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN205697629 by Xiu.
With regard to claim 14, Xiu teaches a dishwasher comprising a washing fluid conduit system, wherein the washing fluid conduit system comprises a conduit for supplying water to a top spraying member part 42 and a conduit for supplying water to a bottom spray arm 3 (Abstract; page 4 of translation). Xiu’s dishwasher comprises a sump (comprising water collecting tray 5) comprising a plurality of washing fluid outlets (these outlets belong to hole group 531 in Figure 4) for supplying water to the washing fluid conduit system (page 4 of translation). Xiu’s sump comprises a channel formed within the sump, wherein the channel is defined by a cap that corresponds to one of the downward-extending connecting seats (item 71 in Figure 8 points to one of the seats) in Figure 8, and wherein said channel is connected to an outlet for supplying water towards spraying member 43 in Figure 1 (pages 4-6 of translation). The outlet (of the hole group 531 in Figure 4) that supplies water towards the spraying member 43 corresponds to applicant’s extra outlet. When water passes through the extra outlet towards the spraying member 43, that water is passing from the sump to a location outside the sump. Xiu’s dishwasher comprises a flow controller for controlling the directing of water to the top spraying member part 42, the spraying member 43, and the bottom spray arm 3, wherein the flow controller comprises a distribution disk 92 (in Figure 5; corresponds to applicant’s disk) rotatably driven by a motor (not shown in Figures; reads on positioning device), and wherein the distribution disk comprises spaced apertures (as illustrated in Figure 5) such that controlled rotation of the distribution disk can change when water pathways (towards the top spraying member part 42, towards the spraying member 43, and towards the bottom spray arm 3) are opened or closed (pages 4-6 of translation).
With regard to claim 15, Xiu’s dishwasher comprises a filter plate 7 (see Figures 7 and 8), and the cap (which corresponds to one of the downward-extending connecting seats, item 71 in Figure 8 being one of said seats) is included in the filter (page 6 of translation).
With regard to claim 16, in Xiu’s dishwasher, the filter plate 7 and the cap form a single piece construction (see Figures 7 and 8).
With regard to claim 17, in Xiu’s dishwasher, the filter plate 7 extends over the outlets (these outlets belong to hole group 531 in Figure 4), and the filter plate 7 comprises stump attachments (which are downward-extending connecting seats, item 71 in Figure 8 being one of said seats) sized and shaped to fit over the respective outlets to connect the outlets to spray arms of the water conduit system (pages 4-6 of translation).
With regard to claim 18, in Xiu’s dishwasher, the filter plate 7 comprises a hub (this hub is one of the downward-extending connecting seats, item 71 in Figure 8 being one of said seats) that connects an outlet with bottom spray arm 3 (pages 4-6 of translation).
With regard to claim 19, in Xiu’s dishwasher, the connecting seats (one of which is marked by item 71 in Figure 8) of the filter correspond to applicant’s aeration towers, as these tower structures are structurally capable of providing surfaces against which a liquid could impact and be exposed to air.
With regard to claim 25, in Xiu’s dishwasher, the washing water ejected from the spraying member 43 goes into a tank of the dishwasher, wherein said tank is the dishwasher interior in which dishes are arranged and washed.
With regard to claim 26, in Xiu’s dishwasher, the washing water ejected from the spraying member 43 goes into a tank of the dishwasher, wherein said tank is the dishwasher interior in which dishes are arranged and washed.
Claims 27, 30, and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN205697629 by Xiu.
With regard to claim 27, Xiu teaches a dishwasher comprising a washing fluid conduit system, wherein the washing fluid conduit system comprises a conduit for supplying water to a top spraying member part 42 and a conduit for supplying water to a bottom spray arm 3 (Abstract; page 4 of translation). Xiu’s dishwasher comprises a sump (comprising water collecting tray 5) comprising a plurality of washing fluid outlets (these outlets belong to hole group 531 in Figure 4) for supplying water to the washing fluid conduit system (page 4 of translation). The outlets of hole group 531 are positioned on a wall (pointed to by numeral 53 in Figure 4) that can be considered a lateral wall, and wherein the wall can be considered to define a bottom portion of a tub of the dishwasher. In the dishwasher of Xiu, one of the outlets of hole group 531 reads on applicant’s channel and that outlet is fluidly connected to a water inlet 911 (in Figure 5; reads on applicant’s outlet; pages 4-6 of translation). In the dishwasher of Xiu, this channel (that is, the one of the outlets of group 531 that reads on applicant’s channel) is the channel used to supply washing water to spraying member 43, and the outlet of this channel can be considered to read on applicant’s at least one extra outlet. Xiu’s dishwasher comprises a flow controller for controlling the directing of water to the top spraying member part 42, the spraying member 43, and the bottom spray arm 3, wherein the flow controller comprises a distribution disk 92 (in Figure 5; corresponds to applicant’s disk) rotatably driven by a motor (not shown in Figures; reads on positioning device), and wherein the distribution disk comprises spaced apertures (as illustrated in Figure 5) such that controlled rotation of the distribution disk can change when water pathways (towards the top spraying member part 42, towards the spraying member 43, and towards the bottom spray arm 3) are opened or closed (pages 4-6 of translation). Supplying washing water to spraying member 43 allows water to pass from the sump to a location outside the sump – namely, to pass from the sump to the interior of the dishwasher where dishes are arranged and spray-washed (pages 4-6 of translation).
With regard to claim 30, in Xiu’s dishwasher, one of the inlets of hole group 531 (in Figure 4) is in the lateral wall and connected to a pump (pages 4-6 of translation).
With regard to claim 31, in Xiu’s dishwasher, the pump is in fluid communication with the flow controller assembly and operable to pump washing water through the washing fluid conduit system (pages 4-6 of translation).
Claims 32 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN205697629 by Xiu.
With regard to claim 32, Xiu teaches a dishwashing method using a dishwasher comprising a washing fluid conduit system, wherein the washing fluid conduit system comprises a conduit for supplying water to a top spraying member part 42 and a conduit for supplying water to a bottom spray arm 3 (Abstract; page 4 of translation). Xiu’s dishwasher comprises a sump (comprising water collecting tray 5) comprising a plurality of washing fluid outlets (these outlets belong to hole group 531 in Figure 4) for supplying water to the washing fluid conduit system (page 4 of translation). In the dishwasher of Xiu, one of the outlets of hole group 531 reads on applicant’s channel and that outlet is fluidly connected to a water inlet 911 (in Figure 5; reads on applicant’s outlet; pages 4-6 of translation). In the dishwasher of Xiu, this channel (that is, the one of the outlets of group 531 that reads on applicant’s channel) is the channel used to supply washing water to spraying member 43, and the outlet of this channel can be considered to read on applicant’s at least one extra outlet. Xiu’s dishwasher comprises a flow controller for controlling the directing of water to the top spraying member part 42, the spraying member 43, and the bottom spray arm 3, wherein the flow controller comprises a distribution disk 92 (in Figure 5; corresponds to applicant’s disk) rotatably driven by a motor (not shown in Figures; reads on positioning device), and wherein the distribution disk comprises spaced apertures (as illustrated in Figure 5) such that controlled rotation of the distribution disk can change when water pathways (towards the top spraying member part 42, towards the spraying member 43, and towards the bottom spray arm 3) are opened or closed (pages 4-6 of translation). In the method of Xiu, when the motor of the flow controller rotates the distribution disk 92 such that washing water is supplied through the channel, washing water is supplied to a duct 41 (reads on device of the washing fluid conduit system) that feeds spraying member 43, wherein said duct 41 is at least partially outside said sump (reads on tub; pages 4-6 of translation).
With regard to claim 33, applicant’s limitation specifying that the dispenser dispenses detergent specifies intended use of the apparatus and is not given patentable weight (MPEP 2114 and 2115). The spraying member 43 is structurally capable of dispensing a mixture of water and detergent and can thus be considered a detergent dispenser.
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.
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.
Claims 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over CN205697629 by Xiu.
With regard to claim 20, Xiu does not recite that “fixation elements” are used to attach the filter plate 7 to the sump of the dishwasher. However, in the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws that are inserted into corresponding screw holes (MPEP 2144.03, Official Notice). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher of Xiu by having the filter plate 7 attached to the sump via screws (reads on fixation elements) that are threaded into corresponding screw holes in the filter plate. In the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws that are inserted into corresponding screw holes, and motivation for using screws and screw holes to attach the filter plate to the sump would be to successfully position the filter plate in its desired position relative to the sump.
With regard to claim 21, the screw holes in the modified dishwasher correspond to applicant’s fixation element apertures.
With regard to claim 22, in Xiu’s dishwasher, the cap (which corresponds to one of the downward-extending connecting seats, item 71 in Figure 8 being one of said seats) is a connection element for directing washing water from the channel to spraying member 43.
With regard to claim 23, Xiu does not recite that “fixation elements” are used to attach the filter plate 7 to the sump of the dishwasher. However, in the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws that are inserted into corresponding screw holes (MPEP 2144.03, Official Notice). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher of Xiu by having the filter plate 7 attached to the sump via screws (reads on fixation elements) that are threaded into corresponding screw holes in the filter plate. In the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws that are inserted into corresponding screw holes, and motivation for using screws and screw holes to attach the filter plate to the sump would be to successfully position the filter plate in its desired position relative to the sump. The screw holes in the modified dishwasher correspond to applicant’s fixation element apertures. In Xiu’s dishwasher, the connecting seats (one of which is marked by item 71 in Figure 8) of the filter correspond to applicant’s aeration towers, as these tower structures are structurally capable of providing surfaces against which a liquid could impact and be exposed to air. In Xiu’s dishwasher, the connecting seats (one of which is marked by item 71 in Figure 8) of the filter correspond to applicant’s sump attachments because they are sized and shaped to fit over the outlets (pages 4-6 of translation).
With regard to claim 24, in the modified dishwasher of Xiu, the filter, the connecting seats (one of which is marked by item 71 in Figure 8), and the screw holes form a single piece construction (Figures 7 and 8).
Claims 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over CN205697629 by Xiu.
With regard to claim 28, Xiu’s dishwasher comprises a filter plate 7 (in Figures 7 and 8) on the sump. Xiu does not teach using a “fixation element” to connect the filter plate 7 to the sump. However, in the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws (MPEP 2144.03, Official Notice). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dishwasher of Xiu by having the filter plate 7 attached to the sump via screws (one of which reads on applicant’s fixation element). In the art of washing appliances, it is well known that appliance components can be successfully fixed in place via screws, and motivation for using screws to attach the filter plate to the sump would be to successfully position the filter plate in its desired position relative to the sump.
With regard to claim 29, the filter plate 7 of Xiu’s dishwasher comprises a cap that corresponds to one of the downward-extending connecting seats (item 71 in Figure 8 points to one of the seats) in Figure 8 (page 6 of translation), and wherein this cap is attached to the outlet of the channel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN L COLEMAN whose telephone number is (571)270-7376. The examiner can normally be reached 9-5 Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at (571)272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RLC/
Ryan L. Coleman
Patent Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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